Patanjali Sastri, J.—This is an appeal by special leave from a judgment and decree of the High Court of Judicature at Fort William in West Bengal dated 5th January, 1948, which varied a judgment and decree passed by a single Judge on nth June, 1945, on the Original Side of the same Court.

2. The appellant who is carrying on business as an estate broker in Calcutta was employed by the respondent on the terms mentioned in a commission letter dated the 5th May, 1943, to negotiate the sale" of premises No. 27, Amratolla Street, Calcutta belonging to him. In pursuance of this contract the appellant found two persons who were ready and willing to purchase the property for Rs 1,10,000, and by letters exchanged with them on 2nd June, 1943, he purported to conclude a contract for the sale of the property and communicated the same to the respondent by a letter of even date. The respondent, however, entered into an agreement on 9th June, 1943, with a nominee of the said persons for the sale of the property for Rs. 1,05,000 and eventually executed a conveyance in their favour on 8th December, 1943.

3. Thereupon the appellant brought the suit alleging that the contract concluded by him with the p

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