GULZARI LAL Vs. KARAM CHAND
HIGH COURT OF JAMMU AND KASHMIR
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Kilam, J. -
(1.) This deft's. first appeal involves the following two prayers. That the decree of 3700 passed against him in favour of the Plaintiff be set aside and a decree for a sum of 3564-10-6 be passed in his favour against the Plaintiff The appeal arises out of the following facts as alleged by the Plaintiff
(2.) The deft, entered into an agreement with the Plaintiff whereby he undertook to supply 8,000 bamboo sticks at 1-8-0 per stick, and in pursuance thereof he received a sum of 1000 at the time the agreement was executed. It is further alleged by the Plaintiff, which is not denied by the deft, that the deft., in all received 15915-5-6 from the Plaintiff against which the deft, supplied bamboo sticks on different dates to the extent of 8140, the price of which at the rate fixed came to 12210. Deducting this amount from the amount advanced i. e. 15915-5-6, there was a balance of 3705-5-6 left with the deft, in favour of the Plaintiff out of which the Plaintiff relinquished his claim to 5-5-6 and brought a suit for 3700 only.
(3.) The deft, has admitted his having entered into an agreement for the supply of bamboo sticks and has also admitted the correctness of the terms laid therein. He has also admitted the receipt of 15915-5-6. The only point at which he is at variance with the Plaintiff is with regard to the number of sticks supplied. The deft, says that he had supplied 12980 bamboo sticks, the price whereof at the rate fixed came to 19470, out of which while deducting 2352 15915-5-6, he claims 2352; 3564-10-6 from the Plaintiff;
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