(1.) Heard learned counsel for the appellant-Food Corporation of India and learned counsel for the respondent-M/s. Ajay & Company in both the appeals.
(2.) Both the aforesaid appeals under Section 96 of the Code of Civil Procedure are directed against the common judgment and order of the Special Judge/Additional District Judge, Court No. 4, Saharanpur passed in Original Suit No. 108 of 1989 and Original Suit No. 523 of 1986.
(3.) Facts as borne out from the paper books supplied by the learned counsel for the parties and the judgment and decree of the court below are as under: