Syed Bavuddeen Saheb v. Syed Esaff Sahib

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.