CHANDRARAM Vs. BHOMA

JUDGEMENT

(1.) This is a plaintiff's second appeal from the decree of the District Judge of Ganganagar.

(2.) The plaintiff had filed a suit against Bhoma defendant-respondent for Rs. 545/-. His ease was that there was an agreement between him and the defendant who had agreed to make a 'kund' for him according to certain specification. He had, therefore, paid Rs. 475/-to the defendant for that purpose. The defendant, however, did not make the 'kund' according to the specification. The suit was, therefore, brought for return of the amount of Rs. 475/-and for another sum of Rs. 70/- on account of certain other items.

(3.) The defence of the defendant was that he had received only Rs. 425/-. He also denied having received the other articles worth Rs. 70/-. Finally, he said that the 'kund' had been constructed according to the specification and, therefore, nothing was due from him. The defendant went on to say that he was entitled to Rs. 160/- from the plaintiff. 4 (4) The trial Court came to the conclusion that only Rs. 425/- had been paid by the plaintiff to the defendant. It also came to the conclusion that the plaintiff was not entitled to any sum on account of anything else. Finally, it held that the 'kund' had not been made according to specification and, therefore, after deducting Rs. 200/- which was the price of the amount actually spent on whatever had been made by the defendant, a decree for Rs. 225/-was passed against the defendant.