JUDGMENT :- This appeal is concluded by a finding of fact. The only argument raised in support of the appeal by the learned counsel for the plaintiff appellant was that the court below erroneously rejected from consideration the report of the Commissioner which was relied upon by the court of first instance. The plaintiff had sued for recovery of a sum of Rs. 1,1OO/- as damages for breach of contract committed by the defendant. Timber of twenty eight mango trees including the roots was sold by the defendant to the plaintiff. It was further agreed that the defendant will uproot the trees and make available the timber and roots on payment of agreed price plus the labour charges and the plaintiff would transport the same in truck in specified lots. It was also agreed that in case the specified lots were not ready to be transported at any time when the trucks of the plaintiff came to the spot, then the defendant would be liable for the truck hire also. It was alleged by the plaintiff in his plaint that the defendant only felled down twentyfive trees, kept back the roots of five trees and did not keep the specified quantity of timber ready for transport when the plaintiff's truck reache

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