DOMINION OF INDIA Vs. PREMCHAND SIREMAL AND CO

JUDGEMENT

(1.) This second appeal is filed by the Union of India, against the decree and judgment of the learned District Judge, Bellary.

(2.) The plaintiff-respondent is a merchant in Bellary. Messrs. Bhimaji Kapurchand of Bombay despatched a parcel from Chinchpockli Station, Bombay to Bellary and sent the railway receipt to the plaintiff. The railway authorities did not deliver the parcel to the plaintiff in spite of demands and notices. Hence the present suit was instituted claiming Rs. 1,473-8-0 being the amount sent to Bhimaji Kapurchand as the value of the goods contained in the parcel. The plaintiff claimed Rs. 184-8-0 being the probable profit which he might have realised at 12% on the cost price. The trial Court dismissed the suit with costs. But the first appellate Court reversed the decree and judgment of the trial Court and decreed the suit as prayed for by the plaintiff.

(3.) The learned counsel for the appellants canvassed two propositions of law before me. He did not dispute the findings of fact arrived at by the first appellate Court.