SAHU RAM KUMAR Vs. MUHAMMAD YAQUB

JUDGEMENT

(1.) This is an appeal from a decree of the High Court of Judicature at Allahabad dated March 4, 1919. This decree reversed that of the Additional Subordinate Judge of Moradabad dated September 30, 1916, decreeing the plaintiff's claim.

(2.) A building contract by way of offer and acceptance had been concluded between the plaintiff, appellant, who was the owner of certain land, and the respondent, a builder apparently in a humble way of business, who was a contractor. Certain subsidiary matters of accounting were referred to in the minute argument delivered before the Board. Even if that argument had been in all points sound, it would have resulted in a relatively trivial readjustment of the figure of the alleged balance. Their Lordships content themselves with observing that the appeal is decided upon a consideration of the only ground which appears in the reasons of the appellant. It is not legitimate to raise at this Board other and subsidiary points which were apparently neither raised nor canvassed in the Courts below.

(3.) The reasons for the appellant's appeal to this Board are substantially confined to one point. That has reference to a ton per cent, allowance, to be made by the contractor to the owner" for commission.