LAWS(J&K)-2008-6-44

GULZARI LAL Vs. KARAM CHAND

Decided On June 18, 2008
GULZARI LAL Appellant
V/S
KARAM CHAND Respondents

JUDGEMENT

(1.) This deft's, first appeal involves the following two prayers. That the decree of Rs. 3700 passed against; him in favour of the plff. be set aside & a decree for a sum of Rs. 3664-10-6 be passed in his favour against the plff. The appeal arises out of the following facts as alleged by the plff.

(2.) The deft. entered into an agreement with the plff. whereby he undertook to supply 8,000 bamboo sticks at Rs. 1-8-0 per stick, & in pursuance thereof he received a sum of Rs. 1000 at the time the agreement was executed. It is further alleged by the plff., which is not denied by the deft., that the deft. in all received Rs. 16916 5-6 from the plff. against which the deft, supplied bamboo sticks on different dates to the extent of 8140, the price of which at the rate fixed came to Rs. 12210. Deducting this amount from the amount advanced i. e. 16915.5-6, there was a balance of Rs. 3705-5-6 left with the deft. in favour of the plff. out of which the plff. relinquished his claim to Rs. 5-5-6 & brought a suit for Rs. 8700 only.

(3.) The deft. has admitted his having entered into an agreement for the supply of bamboo sticks & has also admitted the correctness of the terms laid therein. He has also admitted the receipt of Rs. 15015-5-6. The only point at which he is at variance with the plff. is with regard to the number of sticks supplied. The deft. says that he had supplied 12980 bamboo sticks, the price whereof at the rate fixed came to Rs. 19470, out of which while deducting Rs. 15915-5-6, he claims Rs. 3564-10-6 from the plff.