BIRSINGHRAI Vs. IRFAN ALI

JUDGEMENT

(1.) THIS is a plaintiff's second appeal against the judgment and decree dated the 11th of January, 1958 passed by the Addl. District Judge Vidisha in civil appeals Nos. 195 and 197 of 1956

(2.) THE suit out of which the present appeal arises was filed on the basis of the following facts: -The defendant No. 1 Irphan Ali representing himself as the Provincial Organizer of defendant No. 2 the National Planners Ltd, Company (hereinafter referred to as the Company) asked the plaintiff to purchase 250 shares of Rs. 10/ - each on the assurance that the plaintiff would be appointed as a petrol agent of the Company. On the faith of this representation the plaintiff on 6 -10 -1951 paid a sum of Rs. 2,500/ - as price of 250 shares together with Re. 1/ - towards expenses and Re. 1/ -as price for the Articles of Association. The defendant No. 1 passed a receipt for a sum of Rs. 2,502/ - in favour of the plaintiff. The plaintiff obtained a piece of land on lease from the Sehore Municipality on monthly rent of Rs. 8/ - and constructed thereon a petrol pump at the cost of Rs. 1,000/ -. The plaintiff did not receive either the share certificates or the petrol agency as promised by defendant No. 1. On inquiry from the head -office he was told that the amount of Rs. 2,500/ -had not been remitted to defendant No. 2. The plaintiff thereupon served the defendant No. 1 with a notice and filed the present suit for a sum of Rs. 4,100/ -in all against the defendant No. 1 in his capacity as an agent or representative of defendant No. 2.

(3.) THE defendant No. 1 filed Civil appeal No. 197 of 1956 against the decree passed against him by the trial court; whereas the plaintiff filed civil appeal No, 195 of 1956 in respect of the dismissal of his suit to the extent of Rs. 1,119. Both of these appeals were disposed of by the lower appellate court by the same judgment.