STATE OF GUJARAT Vs. PRAVINCHANDRA LAKHUBHAI SONAI

JUDGEMENT

(1.) THIS Appeal, under Section 100 of the Code of Civil Procedure is at the instance of original defendantState of Gujarat against whom the respondentoriginal plaintiff filed Special Civil Suit No. 138/1981 claiming actual purchase price on the date of sale of confiscated goods along with interest and further claiming Rs 1,62,181.20 with interest of Rs 79,15103 ps from the defendant State.

(2.) IT is the case of the plaintiff that goods of the plaintiff were illegally seized by Sub Inspector, Pradhyumannagar Police station and the plaintiff was prosecuted under the provisions of Essential Commodities Act, but at the end of trial he was acquitted. The appeal preferred by the State Government was also dismissed and the plaintiff, therefore, entitled to ask for the goods seized by the government. However, he was not given back the goods. The plaintiff, therefore, filed the suit for the price of the goods as on the date of the sale of the confiscated goods of the plaintiff with interest.

(3.) LEARNED trial judge found that the plaintiff accepted the amount of price at which the collector sold the goods with 4% interest and the plaintiff has not proved that he had accepted the said amount under protest. Learned trial judge also came to the conclusion that the plaintiff had failed to prove the amount of bill under which the goods were purchased by firm of the plaintiff and since the plaintiff had not raised any objection against the amount paid to the plaintiff under the order of the Collector, the plaintiff cannot be said to have become entitled to any amount as claimed in the suit. Learned trial judge thus dismissed the suit by judgment and decree dated 30th April 1994.