DURGA CHARAN MITRA Vs. RAJENDRA NARAIN SINHA

JUDGEMENT

(1.) This is an appeal by the plaintiff in a suit for specific performance of c contract for sale of land. The Subordinate Judge has dismissed the suit on the ground that there was no valid and complete contract between the plaintiff and the defendant for the sale of the property.

(2.) On the 9 June 1919 the defendant Singh gave the following letter of authorisation to a man named Bose: I hereby authorise you to negotiate the sale of the binds at Tolligunge I have recently purchased from Messrs. Martin and Co. If you can secure a purchaser to purchase the same at the gross value of Rs. 16,000. I shall pay 3011 Rs. 200 as your remuneration. If you be able to raise the price to any amount above Rs. 16,000, you will bi entitled to the excess amount fully and I shall be bound to mention the whole amount in the conveyance. Please note that this letter of authority will remain in force for a fortnight only to complete the transaction; alter that this letter will stand cancelled.

(3.) On the 2o June, 1919 the Solicitors of the plaintiff Mitra wrote the following letter to Singh : "Re. brickfield (belonging lately to Messrs. Martin and Co., and recently, purchased by you) in Mutiapara, Road, Tolligunge. Our client Babu Durga Charan Mitra, of No. 3 Peary Charan Lane, Calcutta, has b en approached by the broker appointed by you whom you authorised to sell the above land. Our client is a purchaser for the property and He accepts the terms contained in the. letter addressed by you to the broker.