VISHWANATH Vs. AMARLAL

JUDGEMENT

(1.) THE Plaintiff -Appellant filed a suit in the Court of Civil Judge, Second Class, Shivpuri claiming Rs. 1425 as damages and interest amounting to Rs. 242 thereon for breach of a contract by the Defendants for the sale of 100 Pallas of Mung at the rate of Rs. 37/6 per Palla.

(2.) AFTER hearing learned Counsel for the parties. I have formed the opinion that the Plaintiff's claim for damages to the extent of Rs. 1425 must be decreed. The Plaintiff sought to prove the fact that the Defendants entered into a contract with him for the sale of 100 Pallas of Mung at the rate of Rs. 37/8 per Palla by his own evidence and that of his witness Amritmal and by a receipt Ex. P.1 evidencing the payment of Rs. 100 as an earnest money to the Defendants in respect of the contract.

(3.) IF then, as I think, there was a concluded contract between the parties for the sale of 100 Pallas of Mung at the rate of Rs. 37 -6 -0 per palla and the Defendants failed to sell and deliver the Mung, to the Plaintiff on or before 13th February 1949, the question arises as to what is the amount of damages that the Plaintiff can get for the breach of the contract. The Plaintiff averred but on 13th February 1949 the market price of Mung was Rs. 50 -10 -0 per palla.