Decided on September 18,1970

L P Narayanan Sole Proprietor And Ors Appellant
Government Of Madras And Ors Respondents


- (1.) Petitioner L. P. Narayanan sole proprietor of L. P. K. Murthy and Bros., filed S. C. S. No. 729 of 1964 to recover a sum of Rs. 1583.42, made up of Rs. 250 deposited by him as earnest money in connection with the tender for the supply of livestock etc., Rs. 1294-67 being the cost of goats supplied by him, and Rs. 38-75 as interest.
(2.) The facts of this case were not disputed even in the trial court and the parties did not adduce any oral evidence, but merely marked their respective documents. The petitioner submitted a tender for a supply of livestock, cattle food, etc., for a period of one year from 1st April 1961 and this was accepted by the Director of Animal Husbandry on 12th April 1961 and communicated to the petitioner on the next day. But even before its acceptance, the petitioner supplied goats of the value of Rs. 1294-67 on the terms of the tender made by him. Subsequent to his receiving the intimation of acceptance, the petitioner withdrew his offer to supply goats on the ground of some domestic calamity, but the responddent insisted on the petitioner executing the necessary agreement and furnishing security deposit and fulfilling the terms of the contract to supply goats. The petitioner's plea was that there was no concluded valid contract and that therefore he was entitled to get refund of the security deposit and recover the value of the goats supplied by him. But the respondent claimed that the petitioner had forfeited the security deposit, that he was bound to pay damages for breach of contract and that therefore he was not entitled to recover any amount.
(3.) The trial court accepted the case of the respondent, but decreed the suit for damages on the ground that no court-fee was paid for the set off claimed by the respondent. But on the new trial application preferred by both the parties, the respondent was given an opportunity to pay the court-fee for the set off claimed by it in the written statement. Sri K. S. Palaniswamy, the then Chief Judge of the court of Small Causes, found that there was a valid concluded contract and in view of his finding that the damages claimed by the respondent as set off was equal to the value of the goats supplied by the petitioner, he dismissed the suit with costs and it was affirmed in the new trial application preferred by the petitioner. The petitioner now seeks to revise the judgment passed on his new trial application.;

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