UNION OF INDIA Vs. ALLAHABAD FAIZULHUKKA PATHAN

JUDGEMENT

(1.) This is an appeal preferred by the Union of India representing the Eastern Railway from a decree made against it by the Civil Judge at Belgaum for a sum of Rs. 20,316-11-3 in favour of one Alladad Faizulhukka Pathan who is the respondent in this appeal.

(2.) The plaintiff in whose favour the decree was made consigned from Nipani out-agency on the then M. and S. M. Railway, 106 bags of tobacco under a railway receipt which is marked as Exhibit 50. Nipani out-agency was in the District of Bengaum. The consignment was made on 20-4-1948. These goods were consigned to the State of Behar to a place called Jhajha which was on the Eastern Railway. The relative Risk Notes which were taken in forms 'A' and 'b' are marked Exhibits 67 and 68. (2-A) It is undisputed It is undisputed that 90 of those 106 bags reached Jhajha Station on 22-5-1948 and the remaining 16 bags arrived on 17-6-1948.

(3.) It is indisputable and it is borne out by the entries made in Exhibit 50, the railway receipt which had been despatched to one Ibrahim who was a businessman at Calcutta, by the plaintiff, that between 25-5-1948 and 30-8-1948. Ibrahims representative was asking for the delivery of the goods which had arrived at Jhajha but was being told by the Goods Clerk of that railway station that the goods had not arrived.