KANHAIYALAL Vs. KASTURCHAND

JUDGEMENT

(1.) THIS revision application is filed by the Defendant against a decree passed by the Small Cause Judge Ujjain.

(2.) THE Plaintiff's case briefly stated is that on 1 -3 -1954 the Defendant (Petitioner) entered into an agreement to purchase from him ten bags of tobacco from Gujrat at the rate of Rs. 100 per maund. It was provided in the agreement that the tobacco would be imported from Gujrat and delivered to the buyer at Ujjain. It is alleged in the plaint diat pursuant to this agreement the Plaintiff arranged to purchase and import tobacco to Ujjain, According to die plaint the bags of tobacco were despatched from Virsaad Railway Station and the consignment was actually received at Ujjain on 3 -5 -1951.

(3.) THE Defendants denied die claim. They denied the alleged contract and the receipt of goods at Ujjain on 3 -5 -1954. They admitted having received intimation from the Plaintiff to take delivery but averred that as there was no subsisting contract to be performed, there was no question of taking delivery. The Defendants denied the re -sale and all knowledge about it.