SULAKHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal by Sardar Sulakhan Singh plaintiff against the decision, of the learned District Judge, Jammu dismissing his suit for the recovery of Rs. 6220. 40 nP out of the deposit of Rs. 9980/ - made by him with the defendant.

(2.) IT is contended by the learned counsel for the plaintiff appellant that the case falls under S. 74 of the Contract Act and though a specific sum was named as payable in case of breach, the Court had discretion to allow any reasonable compensation not exceeding the amount so named and that as the defendant had incurred loss to the extent of Rs. 5110.64 nP. only as admitted by them, that amount alone was deductible from the security deposit. Section 74 of the Contract Act reads as under:

(3.) NO other point has been pressed by the counsel for the appellant.