CHANDRASADANI AND COMPANY Vs. STATE OF KERALA

JUDGEMENT

(1.) The second appeal arises out of a suit for damages against the State of Kerala, which was decreed in part by the Trial Court but dismissed by the lower appellate court. The plaintiff, who thus failed to get a decree before the lower appellate court, has come up in second appeal.

(2.) The appellant got down 660 bags of wheat from Bombay, of which we are concerned in the second appeal with only 100 bags, though the suit related to 160 bags. The 100 bass were received in Cochin; and the appellant informed the Collector on 27th November 1957 about their arrival. The Collector by his letter dated 7th December asked the appellant to furnish particulars, so that he might fix the selling price of the wheat; and the appellant furnished the necessary papers on 31st December 1957. Thereafter, there was no reply from the Collector; and the appellant wrote to the Collector on 3rd March 1958 under registered post. On 11th March the Collector issued orders distributing the 100 bags of wheat to his nominees at the sale price fixed by him. But, till 15th March none turned up to take delivery. On 15th March the appellant again informed the Collector that in case none turned up to take delivery, the wheat would be disposed of in the local market. Since there was no reply, the appellant had again to write to the Collector on 9th April 1958. The Collector then wanted to ascertain what portion of the 100 bags was still fit for human consumption; and the appellant replied that but for three bags, the wheat was unfit for human consumption. Ultimately, they had to be sold on 31st May 1958; and the suit was for the difference between the sale price and the price paid by the appellant.

(3.) Both the courts have found that damage was caused to the appellant due to the negligence of the officers of the State. On that question there cannot be any serious dispute either. The Trial Court raised three issues, of which the following two are the material ones: