SHRIMANT THAILENDRAKISHOREDAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE judgment in this appeal shall also govern the disposal of F. A. 68 of 1954.

(2.) THIS appeal arises out of Civil Suit No. 6-B of 1950 and the sister appeal out of civil Suit No. 1-B of 1951, both decided on 14-11-1953 by the Additional District judge, Rajnandgaon. The plaintiffs in the two suits are brothers. In F. A. 67 of 1954 the plaintiff is Shrimant Thailendra Kishore Das, the brother of the ex-Ruler of Chhuikhadan State who is the appellant in the other appeal. Both the suits were filed against the State of Madhya Pradesh for damages. In this suit the damages were placed at Rs. 30,000 and in the other case at Rs. 12,500. Both the suits were dismissed with costs and hence the present appeals.

(3.) THE facts are as follows : Mahant Rituparna Kishore Das (plaintiff in Civil Suit no. 1-B of 1951) was the Ruling Chief of Chhuikhadan State. On 15-12-1947 he entered into an agreement with the Union Government, and on 1-1-1948 there was a merger of his State with the Dominion of India. Before the merger on 11-21947 he purported to sign an agreement in favour of his brother Shrimant thailendra Kishore Das (plaintiff in Civil Suit No. 6-B of 1950) by which the chhuikhadan State bound itself to supply to Shrimant Thailendra Kishore Das 4,000 teak trees of 36 inches girth and over at Chhurkhadan. The delivery was to be effected by the end of June 1948. Shrimant Thailendra Kishore Das was to pay Rs. 11,000 on delivery of 2,000 tree trunks and a like amount on delivery of the remaining 2,000 tree trunks. It was provided in the agreement that if delay occurred in the delivery of the tree trunks shrimant Thailendra Kishore Das was to cut and cart away the trees and debit the expenses of cutting and carting etc. towards the purchase price. It was also agreed that the top pieces of the trees cut were to be removed by the contractor by the end of December 1948.