MOHAMMAD SAFIQUE Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a plaintiff's appeal from an appellate judgment and decree of affirmance dismissing a claim against the Union of India awning and representing certain railways for compensation for non-delivery of a consign- ment.

(2.) The sole appellant Mohammad Shafique and his brother Mohammad Rafique carry on business under the name and style of Mohammad Shafique and Brothers, a registered firm at Raniganj within the sub-division of Asansol. They deal in tobacco including what is called 'makha' (mixed) tobacco. With a view to manufacturing 'makha' tobacco of various qualities, they purchase scents from far and near.

(3.) On September 27, 1951 the Foreign Scent Supplying Syndicate (shortened in the railway receipt into F.S.S.S.) of Bombay despatched one case of chemical perfumery christened 'Satomala' from Borivli, a station the abbreviation of which in railway terminology is B.V.I. The case contained 112 Ibs. of 'Satomala'. The destination of this consignment despatched under a parcel way bill No. B/15751-2 dated September 27, 1951 was Raniganj. It was consignment to self. The railway receipt which is the parcel way bill just stated was endorsed in favour of Mohammad Shafique and Brothers and for consideration too, the appel-lants having paid the price thereof: Rs. 1642/- apart from the railway freight and other charges, to one Shantltal, the proprietor of the consignor firm, Foreign Scent Supplying Syndicate. In terms of measure of weight prevailing here, the case of 'Satomala' including its own weight weighed 2 maunds 5 seers.