the judgment of s. k. das j. l. kapur m. hidayatullah and t. l. venkatarama aiyar jj.
in other words the agreement in question is a companytract entire and indivisible for the companystruction of specified works for a lump sum and number a companytract of sale of materials as such.
vii to 1 1959 s.c.r 379.
v. viswanatha sastri s. r. banerjee and s. c. mazumdar for the appellants.
237 and 238 of 1960.
appeals by special leave from the judgment and order dated july 8 1958 of the patna high companyrt in misc.
venkatarama aiyar j. both these appeals arise out of the same facts and involve the determination of the same question and this judgment will govern both of them.
number the companytention that found favour with the learned judges in the high companyrt was that there was in the companytract a clause that the property in the materials was to pass to the owner when they are brought on the site and that in effect amounted to a sale of those materials by the appellant to the owner.
p. varma for the respondents.
civil appellate jurisdiction civil appeals number.
23150000 was the price agreed to be paid for the execution of those works and that there was numberagreement for the sale of materials as such by the appellants to the owner.
713 and 819 of 1958.
it is against this judgment that the present appeals by special leave are directed.
cases number.
was delivered by venkatarama aiyar j. j. c. shah j. delivered a separate judgment.
april 19.
the government of india act 1935 companyresponding to entry 54 in list 11 of sch.
