CHANDRASEKHARA HEBBAR Vs. VITTALA BHANDARI

JUDGEMENT

(1.) On April 2, 1959 there was an agreement between the plaintiff and defendant 1 that a certain quantity of timber should be supplied by the plaintiff to defendant 1 for Rupees 7,600. It is not disputed that on August 7, 1959 there was an assignment of the benefit of the contract by defendant 1 in favour of defendant 2. Defendant 2 received from the plaintiff the timber which had to be supplied to defendant 1, and by then the plaintiff had already received from defendant 1 a sum of Rs. 1,600 and from defendant 2 a sum of Rs. 5,500. The balance which was still due to the plaintiff under the agreement was Rs. 500.

(2.) Since no one among the defendants paid the balance of purchase-money, the plaintiff brought a suit on December 20, 1960 for the recovery of a sum of Rs. 550 consisting of Rupees 500 which was the balance of the price, and, a sum of Rs. 50 which represented the interest from January 15, 1960 to October 15, 1960. The Munsiff gave the plaintiff the decree which he wanted against defendant I and from that decree defendant I preferred an appeal, and from the decree dismissing the plaintiff's suit against defendant 2, the plaintiff appealed. The Civil Judge who heard those appeals dismissed the plaintiff's suit against defendant I, but made a decree against defendant 2.

(3.) The plaintiff who is dissatisfied with the dismissal of the suit against defendant I is the petitioner before me.