UNION OF INDIA Vs. AHMAD DIN

JUDGEMENT

(1.) This regular first appeal has been filed against the judgement and decree of Sub-Judge, First Class, Delhi, dated December 27, 1963 in favour of the respondent for a sum of Rs. 12,865.69 with proportionate costs.

(2.) The respondent carried on business of supplying tents on hire. He hired out tents from time to time to different Government schools run by Delhi Administration as per details in the statement marked 'A' annexed to the plaint. The respondent claimed that a sum of Rs. 24,553/12/3 became due to him on account of hire charges of the tents and that because the tents, when returned were found to be damaged and some of the items were also not returned and were found missing, he was further entitled to a sum of Rs. 10,826/4.00 by way of damages for these damaged and lost items. Out of the total amount so becoming due, he stated that a sum of Rs. 22,514/0/3 had been paid to him by the Administration, leaving a balance of Rs. 12,866.00 which was not paid in spite of demands and notice under Section 80 Civil Procedure Code Hence the suit. The claim, it was pleaded, was within time because of the part payments made by the Administration through its duly authorised agents and also because the Administration acknowledged their liability for the claims in suit from time to time. Besides Union of India, Director of Education, Delhi, was impleaded as defendant No. 2 to the suit.

(3.) Issues 1, 2 and 3 were found in favour of the respondent. Under issue No. 4, the court held that the suit was within time as it had been filed within three years of the dates when the claims of the respondent for the balance of the hire charges and damages were sanctioned vide the intimation of the sanction Exhibit P. 127 and the letters that followed it. Under issue No. 5, the finding was that the appellants were liable to pay the amount sued for, by way of compensation under section 70 of the Contract Act.