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S. K. GHOSE, NASIM ALI
Prafulla Chandra Nag – Appellant
Versus
Jatindra Nath Kar – Respondent
JUDGMENT
S.K. Ghose, J. - This is an appeal under Clause 15, Letters Patent from the judgment of my learned brother Henderson J. The relevant facts are these: The plaintiff brought a suit alleging that he had agreed to construct a house for the defendant according to an estimated cost of Rs. 7555 less the sum of Rs. 555 claming Rs. 1776 as the amount due. The defendant con. tended that on account of the work being unsatisfactory, it had to be stopped after a certain time, that the total dues were settled at Rs. 4878 minus a rebate of Rs. 359 proportionate to the rebate of Rs. 555 upon the original estimate of Rs. 7555, that he made certain payments and that only Rs. 31 was due from him except with regard to some scaffolding materials. The Munsif decreed the suit at Rs. 531. On appeal by the defendant the Subordinate Judge reduced the figure to Rs. 480. The defendant again appealed to the High Court. Our learned brother Henderson J. agreed with the Subordinate Judge but allowed further appeal. Hence this Letters Patent Appeal by the defendant.
2. In this appeal two questions are raised. The first is that the defendant appellant is entitled to rebate as claimed by him proportionate to
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