RAMNATHCHAND Vs. PHOOLCHAND

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff whose suit for recovery of money was decreed by the trial court was dismissed by the first appellate court.

(2.) THE case of the plaintiff was that he purchased from the defendant 300 gold mohars on Faguna Badi 11-12 Smt. 2002 deliverable on Fagun Sudi 6, at Rs. 83-12 per mohar, that the defendants were asked to deliver the mohars, but they failed to do so and that the plaintiff had accordingly to purchase the mohar in the open market on the date at Rs. 87/13- pes mohar from Ramjeewan Modi. THEy accordingly claimed a decree for a sum of Rs. 1218/12- as damages for breach of contract against the defendants.

(3.) I accordingly allow the appeal, set aside the decree of the lower appellate court and decree the suit for Rs. 1218/12/-with proportionate costs throughout. The defendants shall bear their own costs throughout.