Judgement

Appeal (No. 100 of 1926) from a decree of the High Court in its appellate jurisdiction (October 5, 1925) reversing a decree of the Court in its original jurisdiction.

The suit was instituted by the appellant in the High Court on January 10, 1921, against the respondent.

By his plaint the appellant alleged a contract made on December 29, 1919, by one Judah on behalf of the respondent for the sale to him of a residential property in Bombay together with grounds according to a plan for eighteen lakhs of rupees, of which one lakh had been paid as earnest money. He asserted by his plaint that he was always ready and willing to perform the contract, and claimed specific performance, also such damages as the Court should think fit in addition to, or in substitution for, specific performance.

The respondent by her written statement denied the authority of Judah to make the alleged contract on her behalf.

The respondents solicitors in Bombay in July, 1920, repudiated the existence of a contract and sent to the appellant a cheque for the earnest money, but he returned the cheque to them. In August, 1920, the property, with a slight variation of the boundary, was sold by the respond