S P GUPTA Vs. ABDUL RAHMAN

JUDGEMENT

(1.) This is an objection against a report of the Chief Inspector of Stamps. The plaintiff sued for the specific performance of a contract of sale and also claimed damages. Some building materials at the Kasia aerodrome were purchased by defendant No. 1 at public auction for a sum of Rs. 41,000/-. In making the purchase defendant No. 1 is alleged to have acted for his master defendant No. 2. A sum of Rs. 1025/- had also been deposited by defendant No. 1 by way of security with the Government and was refunded to him. The defendants Nos. 1 and 2 agreed to sell the building materials to the plaintiff for a consideration of Rs. 56,200/-. It was also agreed that the plaintiff would pay Rs. 10,200/- to the defendant and would become entitled to realise the amount deposited by way of security with the Government. In the plaint, however, the plaintiff, said that because of certain thing which the defendants had done they were not entitled to the full consideration; that the plaintiff was entitled to the specific performance of the contract of sale on payment of Rs. 36,229/-. He, therefore, claimed three reliefs which are as follows:

(2.) The plaintiff paid a court-fee of Rs. 2,190/10/- on the value of the alternative relief i. e., Rs. 50,000/- because the total value of the two other reliefs was less than Rs. 50,000/-.

(3.) The trial Court decreed the suit on payment of Rs. 50,250/- and against that decree the present appeal has been filed by the plaintiff. In his appeal the plaintiff questioned his liability to the extent of Rs. 20,000/- only and, therefore, valued his appeal at that figure.