GIAN SINGH Vs. S P BATRA

JUDGEMENT

(1.) THIS first appellant arises out of the judgment and decree delivered by the senior Subordinate Judge, Chandigarh, dated November 11, 1969. The facts giving rise to the controversy may briefly be stated as follows.

(2.) THE respondent owned Plot No. 57-D in Sector 9-A, Chandigarh, which he wasted to sell. It appears that he wrote letter to his friend R. N. Chona in which it was mentioned that he intended to dispose of the above mentioned plot. Shri R. N. Chona contacted Messrs. P. L. Sahni and Co. Property Dealers, at Chandigarh, and discussed this matter with them. In the course of the discussion, the price of the plot was settled at Rs. 7,500/-and the said property Dealers handed over a crossed cheque for Rs. 500/- as advance against the sale price of this plot to Mr. Chona for being forwarded to the respondent. Mr. Chona sent this cheque to the respondent along with his letter dated the 4th of March, 1960. Some more letters were also exchanged between Mr. Chona and the respondent. The respondent wrote to Messrs. P. L. Sahni and Co. , Property Dealers, on March 16, 1960, wherein he stated, that he had paid a sum of Rs. 6,862. 25 as the price of the plot, that the dealers commission would be 2 per cent. only, that the costs involved in registration and transfer of plot will be paid by the purchaser, and that-

(3.) AT this stage, the appellant, who retired as a Major in the Indian Army, approached the said property Dealers for getting a plot at Chandigarh. Messrs. P. L. Sahni and Co. , suggested that he could purchase the plot belonging to the respondent in consideration for a sum of Rs. 7500/ -. The appellant accepted the offer and paid a sum of Rs. 750/-as advanced to the said Property Dealers on march 21, 1960. On that very day, the said property Dealers sent two copies of the draft affidavit of transfer to be completed and sworn by the respondent and for returning the same to the property Dealers was not replied to by the respondent and for returning the same to the Property Dealers for effecting the transfer of the plot. This letter of the Property Dealers was not replied to by the respondent and on May 2, 1960, the property Dealers sent a fresh set of draft affidavits to be completed and sworn by the respondent. On May 15, 1960, the respondent wrote to the Property Dealers that he would be sending the completed draft affidavits in a few days. On May 20, 1960, the appellant paid a sum of Rs. 6,750/-as the balance of price and a sum of Rs. 150/-as the dealer's commission to the said property Dealers. By this time, it appears that the respondent was being offered some higher price for the plot and his wife vide her letter dated May 27, 1960, wrote to the Property dealers that they should contact some party to purchase the plot at Rs. 8,000/-as the minimum price. Upon this, the Property Dealers sent a letter of protest and insisted that the respondent should sell the plot in consideration for Rs. 7,500/-as already settled. The material portion of the registered acknowledgment due letter dated July 1, 1960, Exhibit P. W. 4/6 sent by the property Dealers to the respondent runs as follows:-"on your assurance, the total amount of purchase price has been paid by the purchaser party". By this time, the appellant became some what restless. He wrote to the Estate officer. Chandigarh, that the respondent be debarred from selling the plot to anybody else. On August 3, 1960, the respondent wrote back to the Property dealers and in this letter it was mentioned, inter alia as follows:--