- (1.)This is a plaintiff's appeal and arises out of a suit brought by them for recovery of Rs. 3,346-6-0 alleged to be due to them from the defendant- respondents on account of certain khatti transactions.
(2.)The plaintiff's case was that they carry on the business of commission agents for the purchase and sale of khattis and that, on instructions received from the defendant-respondents by means of a telegram dated 12 March 1916, they, on 13 March 1916, sold on the defendants behalf, to certain persons 11 khattis and agreed to deliver the same to the purchasers in Jeth. They alleged that the defendants did not deliver the khattis in the month of Jeth inasmuch as the rate of grain had risen in the interval, and in order to carry out their business with the vendees of the khattis, they (the plaintiffs) had to pay the difference to the purchasers of the kattis between the market rate prevailing on 13 March 1916 and on Jeth badi 15th. The plaintiffs alleged that they had to pay to the purchasers of the khattis a sum of Rs. 3,046-5-6 and this they were entitled to recover from the defendants, their principals, with interest, and were also entitled to get certain amount on account of their commission.
(3.)The defence to the suit was that the transaction relating to the 11 grain-pits in dispute was by way of wager and, as a matter of fact, there was no intention to deliver the goods. It was further contended by the defendants that on account of certain amendments, to be referred to hereafter, in the Gambling Act, 1867, a commission agent cannot bring a claim in respect of losses sustained by him in connexion with badni transactions or wagering contracts.