The defendants are the appellants in this appeal. They have preferred this appeal against the judgment and decree of the learned Additional City Civil Judge decreeing the suit brought by the respondent for recovery of a sum of Rs. 1,555 alleged to have been collected illegally from the respondent.

The defendants are dealers of “Hindustan-10” motor vehicles and on the 22nd January, 1948, the appellants sold one “Hindustan-10” car to the respondent for the sum of Rs. 9,350 which they believed and represented to be the controlled price for the said vehicle exclusive of taxes and other charges. The respondent also paid the price in the belief that the price represented by the appellants was the controlled price, but subsequently the respondent learnt that the price fixed by the Government was only Rs. 8,195 for the said “Hindustan-10” motor vehicles and that the appellants had collected in excess a sum of Rs. 1,155. After this knowledge, the respondent called upon the appellants by notices to refund the excess collected by the appellants over and above the controlled price fixed by the Government. The appellants declined to refund the said excess denying that they collected an