MAJOR GIAN SINGH Vs. SHRI S.P. BATRA

JUDGEMENT

(1.) THIS first appeal 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 Section 9 -A, Chandigarh, which he wanted to sell. It appears that he wrote a 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.) THE property Dealers replied to this communication of the Respondent, - - -vide their letter, dated August 9, 1960, in which they regretted to note that their letters were not reaching the Respondent in time. They requested him to complete the affidavits forwarded to him under a registered acknowledgement due letter, dated May 2, 1960, and to send the same to them at the earliest. In response to the letter, dated August 9, 1960, of the Property Dealers, the Respondent wrote to them on August 17. 1960, that he was sending the earnest money cheque to his bankers for collection and that the balance of proceeds less the commission of the' dealers may be forwarded to him at an early date; Re also sent' a duly attested affidavit to the Property Dealers for the purpose of effecting the transfer of the plot. On August 27, 1960, an application was made to the Estate Officer, Chandigarh, for effecting the transfer of the plot belonging to the Respondent in favour of the Appellant. This application 'is signed by one Shri Ahuja, on behalf of the Respondent, who is said to be an employee of the Property Dealers. This is* an important document and it is necessary to set out the Whole of it as below: - -