N DEVARAJE URS Vs. M RAMAKRISHNIAH

JUDGEMENT

(1.) The plaintiff is a building contractor. He constructed a house in Mysore City for one Annapurnamma and a sum of Rs. 17807- was found due to him in that connection. She conveyed the house to the defendant by a sale deed dated 15- 4-1941 and it was provided in that sale deed that the defendant should pay this sum to the plaintiff as a part of the purchase money due to Annapurnamma. The plaintiff's case is that the defendant agreed to do so and has also paid Rs. 1470/- in pursuance of that promise leaving a balance of Rs. 310/- for which sum and interest thereon by way of damages the suit had to be filed as the defendant later on denied his liability.

(2.) The defendant denied that the plaintiff had done work to the extent required to enable him to claim Rs. 1780/- and that he had ever agreed with the plaintiff to pay that sum. He pleaded that he had no doubt made some payments as desired by the vendors but had justifiably withheld the balance at their desire as the plaintiff had not completed some of the works. He was not personally liable to the plaintiff and the suit was not maintainable as there was no privity of contract between him and the plaintiff and the suit was also barred by time.

(3.) The First Munsiff of Mysore, before whom the suit was filed, held all the issues in favour o the plaintiff and granted a decree for the amount claimed less Rs. 100/-, and interest by way of damages at 6 per cent per annum. The Subordinate Judge of Mysore, before whom the plaintiff appealed and the defendant preferred cross-objections, allowed the plaintiff's appeal and granted a decree for the full sum as claimed in the plaint and dismissed the defendant's cross-objections. The defendant has come up in second appeal.