SHINGHAL, J.—Plaintiff Khinwasingh, who is the appellant, admittedly purchased a she-buffalo from defendant Nemisingh on Mangsir Badi 7, Smt. 2009 (Novembers, 1952), for Rs. 400/- and took its delivery. About a week later, the police found that the buffalo belonged to one Pannalal who had entrusted it to the custody of one Paudan Singh and that Paudan Singh was guilty of criminal breach of trust in selling the buffalo to Nemisingh. The police therefore seized the buffalo from the plaintiffs custody on November 15, 1952, and it is admitted that the plaintiff has not been able to regain its possession. He therefore instituted the present suit for the recovery of Rs. 400/- on account of the failure of the consideration and Rs 100/- by way of damages. According to the plaintiff, the defendant knew all along that the buffalo belonged to Pannalal Baheti of Karel, who had entrusted it to Paudan Singh and that the defendant falsely represented to the plaintiff, for the purpose of cheating him that he had purchased the buffalo from Paudansingh as it belonged to him. Defendant Nemisingh resisted the suit and took the plea that he had purchased the buffalo from Paudan Singh on Bhadwa Badi 5,

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