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1951 Supreme(Mad) 141

SATYANARAYANA RAO
Ambika Palayakat Company – Appellant
Versus
N. Kannappa Pillai – Respondent


Advocates:
M.K. Harihara Ayyar for Petitioner.
The Government Pleader (P. Satyanarayana Raju) and K. Venkataraman for the State.

Judgment.-

I think the view taken by the lower Court regarding the payment of court-fee is correct. The suit was for recovery of the price of goods sold by the plaintiff to the defendant, and the defendant claimed damages under two heads: a sum of Rs.2,274-3-0 as damages for breach of warranty, namely, that the goods did not answer the description of the goods in respect of which the contract of sale was entered into; and a sum of Rs.3,000 as damages for loss of reputation. The lower Court held that the defendant was entitled to claim the sum of Rs.2,274-3-0 without paying court-fee as an amount which could be considered in diminution of the price that was claimed, but not the sum of Rs.3,000, and therefore it directed that the defendant should pay court-fee on Rs.3,000 if it intended to prosecute the claim as a set-off. It is contended that this sum of Rs.3,000 is also loss which has directly resulted by the breach of warranty. It is difficult to accept this contention in support of which no authority has been cited. The direct loss by reason of the breach of warranty is the loss in the value of the goods, as inferior goods were supplied according to the defendant’s contention in p



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