STATE OF MAHARASHTRA Vs. SHRIRAM BABULAL CHAURASIYA

JUDGEMENT

(1.) BOTH these appeals arise out of the judgment and order dated 31st March, 1982, delivered by the Civil Judge, Senior Division, Akola, in Civil Suit No. 23 of 1979. The original plaintiff Shriram Chaurasia preferred First Appeal No. 139 of 1982 as the learned lower Court dismissed his claim for interest payable on the suit amount. The original defendant, State, preferred First Appeal No. 137 of 1982 to set aside the judgment and decree passed by the learned Civil Judge, Senior Division, Akola.

(2.) THE facts giving rise to the present appeals, are as follows:

(3.) THE defendant resisted the plaintiffs claim by filing written statement Exh. 9, but admitted the factum of the seizure of the commodities. According to the defendant, the foodgrains were sold for Rs. 15,095. 53 paise as per the prevalent price and the same was paid to the plaintiff. The price of the goods viz. Rs. 29,635/- as worked out by the plaintiff, is denied and, therefore, the liability to pay the difference of Rs. 14,639. 47 paise and the interest of Rs. 10,830/- is also denied. It is further submitted by the defendant that the rates of the respective commodities were fixed by the Government and as per those rates, the plaintiff was adequately paid for the seized commodities.