D S SAHNI Vs. FAQIR SINGH

JUDGEMENT

(1.) THIS is a defendants second appeal and arises out of a suit instituted by the respondent against .him for rendition of accounts and for a decree in respect of the amount found due on taking of accounts.

(2.) THE appellant appointed the respondent his agent for sale of tractors, diesel engines etc. on a commission of 2 1/2 per cent on the price of the goods sold in the State of Jammu and Kashmir. The trial court passed a preliminary decree which was duly followed by a final decree directing the appellant to pay a sum of Rs. 2618/14/9 to the respondent. On appeal, the Addl. District Judge at Jammu held that the appellant was liable to pay only Rs. 2343/14/9.

(3.) THE appellant in this second appeal has attacked the judgment and decree of the Addl. District Judge on the ground that he is not in law liable to pay the respondent any commission in respect of either of the aforesaid sales. We shall first deal with the sale of the tractor to the Director, Rural Development. It is common ground that the contract for this sale was obtained by the respondent as the agent of the appellant on 20 -3 -1954.