JUDGMENT

The plaintiffs in O.S. No. 218/1994 on the file of the Sub court Irinjalakuda are the appellants. The suit filed for damages on the basis of the alleged breach of contract by the defendant, was dismissed by the trial court. Hence the appeal. The parties hereinafter are referred to as plaintiffs and defendant as arrayed in the suit.

2. The facts in brief are as follows: The 1st plaintiff is the Secretary of Cochin Devaswom Board. The 2nd and 3rd plaintiffs are the Assistant Commissioner and Devaswom officer of the Thiruvanchikulam Devaswom, respectively. For the period of one year from 1.1.1991 to 31.12.1991 the conduct of Vedi Vazhipadu was auctioned on 24.12.1990. The defendant was the successful bidder, having bid it at Rs. 62,550/- The defendant paid ¼ th of the bid amount as per the terms of the tender. The contract commenced from 1.1.1991. During the period of contract the defendant paid the second instalment (another 1/4th of the total bid amount) on 12.3.1991 and executed a Kychit containing the terms of the contract. Subsequently, the defendant made default in subsequent payments viz. the 3rd instalment. In spite of notices issued by the plaintiffs the defendant fail