AMBA LAL UMRAO SINGHJI Vs. L HARISH CHANDER

JUDGEMENT

(1.) This is a defendant's appeal against a judgment and decree of Mr. Bahal Singh, Sub-Judge, 1st Class, Delhi, dated 12-4-1950 decreeing the plaintiff's suit for damages for breach of contract for sale of property situate in Karol Bagh, Delhi.

(2.) The defendants Amba Lal and Sri Narain owned 284 sq. yards of land bearing plot No. 38 in block No. 13 in Karol- Bagh. On 4-12-1946 Amba Lal entered into an agreement of sale of this plot of land at Rs. 35/- per sq. yard, Rupees 1,000/were paid as earnest money and the balance was to be paid within one month. A document Ex. P. 2 (or D. 7) was executed to evidence this agreement. The agreement provided that Wazir Chand the ostensible purchaser was to remit within one month the balance of the price, Rs. 8,940/- and also a draft of the power-ofattorney which was to be executed in favour of Wazir Chand by Amba Lal who purported to enter into the agreement on behalf of himself as well as Sri Narain his co-owner. On 6-12-1946 Amba Lal wrote to Wazir Chand. asking for the money as well as the draft of the power-of-attomey and on 11-12-1948 Wazir Chand wrote to the seller, Amba Lal, that the money will be sent by him by 22-12-1946 and this letter, which is Ex. D. 3 and is at page 58, is sought to be used as substituted contract in place of the old contract.

(3.) Wazir Chand sent a telegram dated 2-1-1947, Ex. D. 4 (at page 66), to Amba Lal stating that he would be arriving at Ajmer where the vendors reside on 4th January to, complete the transaction and he has stated on oath that lie did go to Ajmer and this is also supported by a letter, Ex. D. 5, dated 4-1-1947 in whicii Wazir Chand writes to Amba Lal while he (Wazir Chand) was in Ajmer that he was sending the draft of the money dated 2-1-1947. On 6-1-1947 he wrote another letter to Amba Lal stating that the money draft was being sent and asking for the power-of-attorney. It was accompanied by a draft of a receipt which was to be executed by Amba Lal and a draft of the power-of-attorney. There is a document on the record Ex. D1, on a stamped paper purchased on 4-1-1947 on which is typed a draft of a powerof- attorney.