PURAN LAL SAH versus STATE OF U.P.

PURAN LAL SAH versus STATE OF U.P.

The appellant was not entitled to higher rates as neither the contract nor any document provided assurance of higher rates if stone was not available at 26 chains; he was expected to satisfy himself regarding permissions. Since he commenced and completed work after his request for higher rates was rejected, quantum meruit did not apply, and he remained bound by contract rates including for extra work, absent compliance with notice and fresh rate settlement procedures under contract clause 5.

Parties
Appellant: Puran Lal Sah; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
21 January 1971
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree Dated March 8, 1965 of the Allahabad High Court in First Appeal No. 84 of 1954
Outcome
Appeal dismissed
Legal Topics
Quantum Meruit, Extra Work Under Contract, Availability of Materials, Contractual Assurances
Contract Law Quantum Meruit Extra Work Under Contract Availability of Materials Contractual Assurances

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Parties

Puran Lal Sah

Appellant

State of U.P.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree Dated March 8, 1965 of the Allahabad High Court in First Appeal No. 84 of 1954

Legal Issues

  1. 1 Whether estimates of PWD formed part of contract and if any assurances were given for higher rates for extra work
  2. 2 Applicability of clause 5 of the special instructions to extra work and entitlement to higher rate on alleged assurances

Ratio Decidendi

The appellant was not entitled to higher rates as neither the contract nor any document provided assurance of higher rates if stone was not available at 26 chains; he was expected to satisfy himself regarding permissions. Since he commenced and completed work after his request for higher rates was rejected, quantum meruit did not apply, and he remained bound by contract rates including for extra work, absent compliance with notice and fresh rate settlement procedures under contract clause 5.

Court Disposition

Appeal dismissed

Orders

  • No costs awarded; parties to bear own costs in both courts