LALA BISHAMBAR NATH Vs. AGRA NAGAR MAHAPALIKA AGRA

JUDGEMENT

(1.) The appellants instituted a suit against the respondents for recovery of Rs. 34,000/- as damages. The suit was grounded on tortious liability. The trial court decreed the suit, but the High Court of Allahabad reversed the decree and dismissed the suit. The present appeal is directed against the decree of the High Court.

(2.) The appellants are the partners of the firm Shiam Lal Radhey Lal. The first respondent is the Agra Mahapalika, the second respondent is the Health Officer of the Mahapalika. The Military Dairy Farm at Agra was in possession of a certain quantity of wheat flour. It was declared unfit for human consumption. It was purchased for the firm. According to the appellants, it was fit for being used as lehi, manure and ratab for consumption by animals. Broadly stated, their case was that the respondents initially stopped them from selling the flour and subsequently imposed restrictions on its sale, "which effectively prevented the sale." Loss was caused to them on account of delay in sale due to their intervention.

(3.) The respondents denied their liability. They said that their action was bona fide and in the interest of public safety and health and in pursuance of the directions given by the magistrate. According to them, the appellants took no steps to prevent the sale of flour for human consumption.