LAKSHMANPRASAD AND SONS Vs. S V KAMAL BAI

JUDGEMENT

(1.) This second appeal is preferred against the decree and judgment of the learned Principal City Civil Judge, Madras, in A. S. No. 12 of 1955, confirming the decree and judgment of the learned Third Additional Judge, City Civil Court, Madras in O. S. No. 1262 of 1949.

(2.) The facts are: The appellants M/s. Lakshman Prasad and Sons are a firm of dealers in automobiles carrying on business in Madras. The respondent plaintiff Vajravelu Mudaliar, who had died after the filing of the appeal in the lower appellate Court and whose legal representatives are the respondents in this second appeal, purchased from the appellants a Hindustan-10, four door sedan car on 24-9-1947 for Rs. 9,350/-. That was at a time when the Madras Civil Motor Cars Control Order, 1947. was in force, and no type of car could be sold for a price exceeding that fixed by the Government under that order. It is the case for the plaintiff that this sum of Rs. 9350/- was represented to be the controlled price exclusive of taxes and other charges. Subsequently, the plaintiff found out that the controlled rate was Rs. 8,195/-. The plaintiff filed the suit, out of which this second appeal arises, for the return of the excess paid by him under a mistake. The defendants contended that they did not represent that the controlled rate of the car was Rs. 9,350/- and that there was no mistake within the meaning of S. 72 of the contract Act entitling the plaintiff to recover the difference between the controlled rate of Rs. 8,195/ and the amount actually paid by the plaintiff.

(3.) Both the Courts below came to the conclusion that the plaintiff was entitled to the decree asked for. The defeated defendants have preferred this second appeal.