[1] The Sub-Judge held on a question of fact that the stipulation in question was by way of penalty. In holding that, oh the facts of this particular case, the stipulation was by way of penalty he has the support of the passages in the judgment of the Privy Council in Sundar Koer v. Rai Sham Krishen 34 C. 150 at p. 158 : 4 A.L.J. 109 : 11 C.W.N. 240 : 5 C.L.J. 106 17 M.L.J. 43 : 9 Bom L.R. 301 2 M.L.T.
75. We arc not prepared to say that the compensation which the Sub-Judge has awarded, is not reasonable compensation. The appeal is dismissed, with costs.
Syed Bavuddeen Saheb v. Syed Esaff Sahib
Syed Bavuddeen Saheb v. Syed Esaff Sahib
(High Court Of Judicature At Madras)
No. | 22-04-1909
Advocate List
Bench
- HON'BLE MR. JUSTICE ARNOLD WHITE
- HON'BLE MR. JUSTICE ABDUR RAHIM
Eq Citations
- 3 IND. CAS. 20
- LQ/MadHC/1909/134
Head Note
Contract and Specific Relief — Specific Performance — Compensation for breach of contract — Held, on facts of case, stipulation was by way of penalty and compensation awarded by Sub-Judge was reasonable
