PRIVY COUNCIL

Before:-Viscount Dunedin, Mr. Ameer Ali And Sir Arthur Channell.

Privy Council Appeal No. 118 of 1924, D/d. 28.1.1926.

Hajee Shakoor Gany, since deceased. (now represented by Dawood Hajee Shakoor, minor) - Appellant

Versus

T.S. Sabapathi Pillai - Respondent.

For the Appellant :- G.B. Lowndes and C.B. Raikes, Advocates.

E. Labouchere Thornton, for Respondent.

Solicitors for Appellant :- T.L. Wilson and Co.

Solicitor for Respondent, R.A. New ton.

Case Referred :-

Probhudas v. Ganidada , AIR 1925 PC 157.

JUDGMENT

Facts - (vide AIR Mad. 236). The plaintiff contracted to purchase in Decem ber 1922 from defendant Java sugar to arrive about the end of the year. After the contract but before delivery the tariff valuation was reduced by Government Notification and the buyer claimed a reduction in the price owing to the reduction in tariff valuation. The case was tried by Coutts-Trotter, J., and the plaintiff was given a decree. This decree was upheld in appeal. The defendant therefore appealed to the Privy Council.

Viscount Dunedin, J. - Their Lordships are of opinion that this case is clearly governed by the judgment of their Lord ships' Board in Probhudas v. Ganidada , AIR 1925 PC 157.

2. They will, therefore, humbly advise His Majesty that the appeal should be allowed, the decrees of both Courts below set aside, and judgment entered for the appellant with costs here and in the Courts below.

Appeal allowed.