- (1.)THE appeal involves consideration of a question regarding limitation.
(2.)PLAINTIFF Mohammad Hussain Bohara of Sanawad filed this suit for the recovery of Rs. 6800/- on the allegations that the defendant had agreed to sell to him the corrugated iron sheets covering the entire premises of the "merchant Gin' at sanawad which the latter had agreed to purchase from a third party at the rate of annas 3 1/4 per square foot. The contract was entered into on 31-1-1949 and the plaintiff paid Rs. 5000/- towards the contract. The delivery of the sheets was agreed to be given within thirty days. A document containing, these terms was executed between the parties. The defendant, it is said, failed to give delivery as agreed before 3-3-1949 and prayed for the extension of the period for delivery. The plaintiff agreed to the extension by a fortnight. There was further extension by three days subsequent to the date fixed for delivery under the earlier extension up to 1-4-1949. But even then the defendant failed to deliver. Later the defendant, who had contracted to purchase the 'merchant Gin' had his contract of sale cancelled and the said property was sold to a third party. The plaintiff called back the amount of rs. 5000/- advanced by him as also interest thereon by way of damages at rupee one per cent, hut the defendant failed to comply. The plaintiff therefore sued for rs. 5000/- as principal and Rs. 1800a as interest from 2-3-1949 up to 2-3-1952.
(3.)THE cause of action for the suit was stated to have arisen on 2-3-1949 and on the dates up to which the period of delivery was extended i. e. , on 17-3-1949 and 1-4-1949.