KUNDAN LAL-RAM CHANDER Vs. LACHMI NARAIN

JUDGEMENT

(1.) This is an appeal by the plaintiff, and it arises out of a suit for recovery of Rs. 1,251-4-6, principal, and Rs. 337-8-0, interest, in connexion with a certain transaction relating to the purchase of wheat which was entered into between the parties.

(2.) The plaintiff is a firm carrying on business at Binki, in the district of Fatehpur under the designation of "Kundan Lal Ram Chander." The defendants are the proprietors of the firm Lachmi Narain Shankar Lal, located at the same station. The plaintiff alleged that he had purchased 500 tons of wheat from a Bombay firm, named Ram Kishen Das Chiranji Lal, that the firm of the defendants purchased from the plaintiff 50 tons out of these 500 tons of wheat and that delivery was agreed upon on 21 May 1923. The defendants refused to take delivery because there was a fall in the price of wheat in the market. The plaintiff had to pay Rs. 1,251-4-6 to the Bombay firm on account of the defendants. Hence the suit.

(3.) The defendant firm consists of two partners, viz., Lachmi Narain and Shankar Lal. Lachmi Narain pleaded that neither he nor his firm entered into any contract with the plaintiff for the purchase of 50 tons of wheat. He contended that the transaction was of the nature of wager and that it was entered into by Shankar Lal on his own account and on his own responsibility. Shankar Lal pleaded that the contract was of the nature of wager and that he had already paid Rs. 1,260 as loss to the plaintiff and that the claim was not maintainable against him.