JUDGMENT

JOHNSON JOHN, J

The appellants are the defendants in O.S. No. 35 of 2005 on the file of the Sub Court, Muvattupuzha.

2. The suit is for declaration and realization of unpaid value of works conducted by the plaintiff. The plaintiff is a Contractor who entered into an agreement with the defendants on 27.11.1995 for the construction of Mulakulam Branch canal from CH.4400 metres to 5650 metres, including cut and cover and cross drainage works. The agreement was executed after the acceptance of the tender on 25.11.1995. The agreement incorporated MDSS as the main part of the contract with the PWD Schedule of Rates of 1992.

3. As per the agreement, Rs.3,69,72,007/- was the probable amount of contract and the time fixed for performance was 12 months. Even though, the plaintiff made necessary arrangements for the execution of the work in time, the defendants failed to hand over the work site within two months as per the terms in the agreement. The time for handing over the work site expired on 27.01.1996 and the time fixed for performance expired on 27.01.1997. The defendants handed over possession of the work site to the plaintiff only on 17.10.1997 and the second defendant approved