CANARA PUBLIC CONVEYANCE LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the judgment and decree, dated : 30 9 1974, passed by the Addl. District Judge, South Kanara, in RA No. 9/1971, allowing the appeal and partially reversing and modifying the judgment and decree, dated 29 5 1971, passed by the First Addl. Civil Judge, Mangalore, in OS No. 106/ 1968, on his file, decreeing the suit of the plaintiff.

(2.) Plaintiffs M/s. Canara Public Conveyance Company Ltd. is a public limited liability company having its registered office at Kodialbail, Mangalore-3. The defendant in the suit is the Union of India as owner of Southern Railway, represented by the General Manager, Southern Railway, Park Town, Madras. Plaintiffs, according to them, were appointed as contractors for the Out-Agency at Chickmagalur, during July 1957 at Mangalore and were running the Out-Agency from 15 7 1957 till 31 8-1966 on which date the contract of Out Agency as such was terminated. During the period of Out- Agency, 3130 bags of wheat received at Kadur Railway Station, between 19-8-1966 and 28 8 1966, were transported, to Chickmagalur Out Agency, by the plaintiffs under the directions of Kadur Railway Station Master, though the name of the consignee was not stated and known. At the time of the termination of the Out Agency, on 31 8 1966, the stock of 3130 bags of wheat were lying in Chick- magalur with the plaintiffs. Though at the closure of Out agency, all accounts, records and other goods with the plaintiffs were directed to be delivered to the Kadur Railway Station Master and were so delivered, the above said stock of 3130 bags of wheat were directed to be retained by the plaintiffs and were so retained by them till further arrangements were made. Accordingly, on 1-9-1966, an officer of the defendant, namely, DC BDVT, came to Chick- magalur and directed the plaintiffs to deliver the 3130 bags of wheat to the Deputy Commissioner, Chickmagalur, free of wharfage charges. The Deputy Commissioner, Chickmagalur, took delivery of the said 3130 bags of wheat, from the Out-Agency Office from 2-9-1966 to 6-9-1966. Thus the plaintiffs averred that the bags of wheat received from 19-8 1966 to 28-8-1966, were delivered to the Deputy Commissioner, Chickmagalur, from 2-9-1966 to 6-9-1966. Till then the bags of whe at were in the custody of the plaintiffs lying in their office.

(3.) The plaintiffs have given the details of the respective dates on which the wheat bags were received and the dates on which the wheat bags were delivered and the num. ber of wheat bags remaining in their custody on each day.'between 19-8-1966 and 2-9-1966 and the amount due to the plaintiffs at scheduled rates, in schedule 'A' annexed to the plaint.