NEELAKANTA IYER Vs. STATE

JUDGEMENT

(1.) THESE two appeals,A.S.371 of 1960 by the first defendant,and A.S.157 of 1960 by defendants 2 and 5,in O.S.145 of 1952 of the District Court of Quilon,are against the decree therein in favour of the first respondent in these appeals,the State of Kerala,the plaintiff in the suit,by which the first respondent has been granted a decree for the realisation of Rs.16,932 -4 -7 from defendants 1 and 2 and from the assets of one late Mr.A.G.Pandit in the hands of defendants 3 to 5.Defendants 3 to 5 are the legal representatives of the said Pandit.

(2.) THESE two appeals arise from the same judgment and can conveniently be disposed of together.

(3.) IT is alleged in paragraph 6 of the plaint: The agents however failed to put up a refinery having the stipulated capacity and the working of the concern by the agents far from being reasonably remunerative,resulted in great loss. And in sub -paragraphs(a)to(m)of paragraph 11 of the plaint various amounts have been claimed totalling a sum of Rs.1,41,441 -15 -7,as damages,for alleged losses caused to Government by the agents by their nonfeasance and acts of malfeasance and misfeasance and also arising from the liability of the agents to account to the principal.