LAWS(KER)-1957-11-13

AHAMAD KOYA Vs. MURUGESA MUDALIAR SON AND CO

Decided On November 15, 1957
AHAMAD KOYA Appellant
V/S
MURUGESA MUDALIAR SON AND CO., Respondents

JUDGEMENT

(1.) THIS, is an appeal by the plaintiff against the dismissal by the learned Subordinate Judge of Kozhikode, of his suit O. S. 38 of 1951 on the ground that the suit contract is void and not legally enforceable, in view of the provisions of the Vegetable Oils and Oilcakes (Forward Contracts Prohibition) Order, 1944.

(2.) THE plaintiff, who is a merchant carrying on business at Kozhikode , filed the suit against the defendant, a firm of merchants carry-Ing on business in Oilcakes at Madras, for recovery of a sum of Rs. 9,000/- as damages for breach of contract and for certain other reliefs.

(3.) THE learned Subordinate Judge considered the various contentions of both the parties and came to the conclusion that the plaintiff had not revoked the suit contract and he further held that it was the defendant who committed a breach of contract.