Sir George Lowndes:-

The suit out of which this appeal arises was instituted by the appellants in the Court of the Senior Subordinate Judge of Peshawar, claiming payment by the respondent, sued both as a firm and individually, of Rs. 27,867-8-0 with further interest until realisation. The foundation of the claim was alleged in the plaint to be a sitta or agreement for sale in the following terms:

That on the 5th of Asuj (a Hindu month) Sambat (Hindu era), 1986, corresponding to 27th September, 1929, the parties entered into an agreement as given in the sitta (agreement to sell) (copy attached) through Sant Amir Chand, broker, as under :

'Sale to R. B. L. Karam Chand Jagat Ram of 200 boxes of tea to be imported from Shanghai. Tea to be sent for by the receiver (of money) himself. Receiver himself to be responsible for profit and loss. Interest at the rate of Rs. 11-4-0 p. a. Time ten months.'

This document in itself, the meaning of which is, to say the least of it, obscure, obviously laid no foundation for the money claimed by the plaintiffs, but it was further alleged that "for the completion of the agreement " the plaintiffs paid to the defendants by cheques on different banks two sum