SADHU RAM Vs. MOHAMMAD ALI

JUDGEMENT

(1.) THESE are, an appeal by Sadhu Ram and Ram Swarup, father and son, defendants 2 and 3 and a cross -objection by Mohammad Ali, the plaintiff, from a judgment and decree dated 29th June 1948 of Shri J. N. Bhagat C. J., High Court, Nahan, in civil Appeal no. 2 of 2005.

(2.) THE suit was brought by the plaintiff sometime in samvat 2003. Defendant 1, Mohammad Khan, had obtained a contract from the Department of Public Works, Nahan, for constructing a part of Rainka Road.Defendants 2 and 3, father and son, were interested in this contract. As a matter of fact, sometime later on, defendant 1 applied for sanction to the Public Works Department, to assign the benefit of the contract to defendants 2 and 3 and such sanction, it appears from the record, was granted.

(3.) THE plaintiff stated in his plaint the various items and the rate of wages and calculated his total claim to be Rs. 2260 (rupees two thousand two hundred and sixty) upto 5 -9 -2001.