D I MAC PHERSON Vs. M N APPANNA

JUDGEMENT

(1.) This is an appeal from a judgment of the Judicial Commissioner of Coorg in a suit filed by respondent 1 (hereinafter referred to as the plaintiff) against the appellant (hereinafter referred to as defendant 1) and respondent 2 (herein after referred to as defendant 2), for the specific performance of a contract. Defendant 1 owned a bungalow in Mercara known as "Morvern Lodge.' The suit which has given rise to this appeal was instituted by the plaintiff for the specific performance of an alleged contract of sale in respect of this bungalow.

(2.) It appears that defendant 1 owned certain estates in Mercara, and one Mr. White was an alternative Director in one of the estates, and Youngman was the manager of another estate also belonging to defendant 1 and was looking after "Morvern Lodge" during his absence. It seems that about the middle of 1944, the plaintiff asked White if be would cable to defendant 1 his offer of Rs. 4,000 for the bungalow, and, on 1-6-1944, White sent a cable to defendant 1 to the following effect: "Have enquiries Mercara bungalow if for sale, wire lowest figure." On 24-7-1944, the plaintiff wrote to defendant 1 that he was prepared to purchase the bungalow for Rs. 5,000 and if the offer was acceptable to him, he (defendant 1) should inform the plaintiff to which bank he should issue a cheque in payment of the price. This letter was followed up by a cable from Youngman to defendant 1 to the following effect : "Have had offer Morvern Lodge rupees six thousand ,for immediate possession." On 8-8-1944, Youngman received a cable from defendant 1 saying:

(3.) The question to be decided in this Case is whether in view of the correspondence which has been reproduced, it could be held that there was a concluded contract for the sale of "Morvern Lodge" in favour of the plaintiff on the14th August, as stated by him in the plaint. The Judicial Commissioner of Coorg who tried the suit held that there was a concluded contract, but, instead of giving to the plaintiff a decree for specific performance, awarded a sum of Rs. 3,000 as compensation to him. Against this decree, defendant 1 alone has appealed, after obtaining a certificate under S. 109 (c), Civil P. C. from the Judicial Commissioner. The plaintiff has not preferred any appeal.