Law:

Section:

Contract Act (X of 1872)- ---S.73--Constitution of Pakistan (1973), Art. 185(3)--Breach of contract--Compensation for--Suit for recovery of damages and security partly decreed by Trial Court--Findings set aside in appeal and decree partly modified--Order impugned--Finding of High Court being based on proper appreciation of evidence on record, leave to appeal refused. JUDGMENT SAAD SAOOD JAN, J.-- This is a petition for special leave to appeal from the and decree dated 15-12-1979 of the Lahore High Court. 2. On the basis of a tender invited by the Provincial Government the petitioner entered into an agreement with the Provincial Government for the purchase of 1,800 tons of flood damaged wheat from different centres in the Province including the one at Jahania at the rate of Rs.3/12 per Maund for the purpose of exporting the same to India. As it happened the petitioner was able to pick-up only 525 tons in all and that too from only some of the centres. None was offered to it from the centre at Jahania. Both parties levelled counter-allegations of breach of contract and filed separate suits for recovery of damages from each other. The petitioner claimed a sum of Rs.60,000 from the Provincial Government. This sum included the amount of security as well as the excess payments made by it in respect of the wheat not made available. On its part, the Provincial Government claimed Rs.30,010-14-11 on account of the loss suffered by the omission of the petitioner to lift all the wheat offered to it. The two suits were consolidated by the trial Court and tried together. By its dated 26-4-1962 the learned trial Court dismissed the suit of the Provincial Government but partly decreed that of the petitioner. It awarded a sum of Rs.37,170 to the petitioner. This amount represented the difference in price between the rate at which the petitioner had agreed to purchase the wheat from the centre at Jahania and the rate at which the Provincial Government sold the same to another organization. 3. From the and decree of the trial Court the Provincial Government preferred two appeals, one against the dismissal of its own suit and the other against the decree awarded to the petitioner.…

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