JUDGMENT:- The question in this S.R. Number is as to the correct forum for the appeal filed by the defendant in the suit. I have heard the arguments of the learned counsel for the appellant and those of Mr. G.R. Lakshmanan, appointed as an amicus curiae, and I am thankful to Mr. Lakshmanan for bringing to my notice the several decisions which have a bearing on the question to be decided.

2. The suit arose out of a dispute between the parties in the implementation of an agreement for sale. The plaintiff was the intending purchaser and the defendant, the seller. The plaintiff filed the suit claiming a sum of Rs. 9000 as damages on the averment that the defendant had committed breach of contract. The defendant contended in his written statement that the breach was committed only by the plaintiff and not by him and that therefore the plaintiff should be non-suited. Further he made a counter-claim of a sum of Rs. 4000 odd made up of Rupees 1500 as damages and Rs. 2500 odd as unpaid purchase money. The Court below held that it was the defendant who committed breach of contract. It further held that the plaintiff was entitled to damages, but restricted the quantum to the sum of Rs