Wanchoo, C.J.-This is a plaintiffs second appeal from the decree of the District Judge of Ganganagar.

2. The plaintiff had filed a suit against Bhoma defendant respondent for Rs. 545/-. His case was that there was an agreement between him and the defendant who had agreed to make a kund for him according to certain specification. He had, therefore, paid Rs. 475/- to the defendant for that purpose. The defendant however, did not make the kund according to the specification. The suit was, therefore, brought for return of the amount of Rs. 475/- and for another sum of Rs. 70/- on account of certain other items.

3. The defence of the defendant was that he had received only Rs.425/-. He also denied having received the other articles worth Rs. 70/-. Finally, he said that the kund had been constructed according to the specification and, therefore, nothing was due from him. The defendant went on to say that he was entitled to Rs. 160/- from the plaintiff.

4. The trial court came to the conclusion that only Rs. 425/- had been paid by the plaintiff to the defendant It also came to the conclusion that the plaintiff was not entitled to any sum on account of anything else. Finally, it held that the

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