PRABHU DAYAL Vs. BHAGWAN SAHAI

JUDGEMENT

(1.) THIS is a revision filed by the defendants in a suit for recovery of money.

(2.) THE respondent Bhagwan Sahai and Bhonrey Lal sued the appellant Prabhu Dayal and respondents No. 3 Babu Lal on the allegations that the defendants had agreed to purchase 65 bags of tilli on 3rd October, 1947, at the rate of Rs. 30/4/- per maunds. THE defendants, however, did not take delivery of the goods as prices bengan to fall and the plaintiffs served a notice on the defendants on 9th October, 1947, that if they did not take delivery of the goods at once the same would be sold at market rate and any loss which may accrue would be recovered from the defendants. It was alleged that the defendants did not take delivery of the goods which were sold ultimately on 16th October 1947 in the market resulting in a loss of Rs. 411/12/ -. THE plaintiffs claimed the said amount together with postal charges of -/9/ -. Prabhu Dayal alone filed the written statement. He admitted the contract for the purchase of 65 bags of till and stated that he had sent his man to take delivery of the goods but it transpired that the goods were of very inferior quality as compared with the sample and when this fact was brought to the notice of plaintiffs, the plaintiffs agreed that the contract be deemed to have been cancelled. It was pleaded that the defendants did not commit any breach of the contract, that no loss had been sustained by the plaintiffs, and a proper reply was given to the notice sent by the plaintiffs. THE Civil Judge, after evidence, held that the goods of which delivery was to be given were not according to the sample and the defendants did not commit any breach of the contract. He accordingly dismissed the suit. On appeal the learned District Judge reversed the finding and held that the breach of the contract was made by the defendants. He held the plaintiffs entitled to damages claimed by them. He accordingly allowed the appeal and decreed the suit in favour of the plaintiffs. Hence this revision.