BHANWAR LAL SON OF SHRI KUNJ BEHARI LAL BOHRA, RESIDENT OF SIDRIYAS, TEHSIL AND DISTRICT BHILWARA Vs. MADHAV LAL SON OF SHRI SRILAL BOHRA

JUDGEMENT

(1.) The appellant has filed the present appeal under Section 96 of the Code of Civil Procedure, oppugning the judgment and decree dated 25. 07. 1990, whereby the suit for recovery of money instituted by him, registered as Civil Original Suit No. 17/1980 has been dismissed.

(2.) The facts in brief, appertain to the present appeal are that the plaintiff- appellant filed a suit for recovery of a sum of Rs. 25,326/- with an assertion that defendant's firm M/s Madhav Lal. Shrilal, a wholesaler dealer and a licensed commission agent to trade in tobacco orally agreed to purchase tobacco on commission basis, through his firm - M/s Bohra Brothers; also engaged in the business of purchase and sale of tobacco, having license to carry on the trade and storage of tobacco. As per the agreement, the plaintiff was required to procure tobacco on behalf of the defendant and after weighment and filling the same in the bags, was supposed to send the same to the defendant's village i. e. Jasma, for which the plaintiff was promised a commission of Rs. 5/- per mann (40 Kg), apart from the cost of tobacco, which was fixed as Rs. 75/- per mann.

(3.) As per the terms agreed, the plaintiff was also entitled to reimbursement of the cost of packing, transportation and interest at the rate of 1% on the due amount of the cost of tobacco. The plaintiff's case has been that after the aforesaid oral agreement, he started purchasing tobacco from various agriculturists/producers of tobacco of the area and sent the same to the defendant. The total quantity he purchased during relevant period was 21,000 Kgs or 210 quintal/525 'mann', valuing Rs. 39,375/-, apart from such cost, commission of Rs. 2625/- at the rate of Rs. 5/- per 'mann' was also payable to him.