NAND KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal by certificate against the judgment dated 1 December, 1965, of the High Court of Patna setting aside the judgment and decree passed by the Additional Subordinate Judge on 10 February, 1960 and decreeing the claim of the plaintiff-respondent State of Bihar with certain modifications.

(2.) The State of Bihar filed the suit against Purneshwari Rice Mills, respondent No.2 Nand Gopal Prasad Respondent No.3 and Nand Kishore Prasad the appellant claiming a sum of Rs.65,863-10-0. The State alleged that defendants 2 and 3 Nand Gopal Prasad and Nand Kishore Prasad respondent No.3 and the appellant respectively were lessees of Purneshwari Rice Mills and worked as purchasing and milling agents of the State of Bihar during the years 1947-48 and 1948-49 under the grain supply scheme. The defendants were to supply rice extracted from the paddy supplied to them on behalf of the State at such rates of extraction as might be fixed by the prescribed authority. An agreement dated 3 March, 1948 was entered into between the appellant Nand Kishore Prasad and the respondent Nand Gopal Prasad on the one hand and the State on the other.

(3.) The State also alleged that the defendants were supplied with 85114 maunds 36 seers and 8 chittacks of paddy between the month of January 1948 and the month of January, 1949. The defendants, according to the State, should have supplied to the plaintiff 53477 maunds 7 seers of rice but the defendants supplied only 48167 maunds and 20 seers of rice to the plaintiff. Therefore, the appellant and the respondents Nand Gopal Prasad were liable to pay the price of the balance 5399 maunds and 20 seers of rice.