PURNENDU BH DEB BURMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a suit originally instituted by one Pulin Behari Deb Burman against the Dominion of India for recovery of Rs. 3,74,768-3-9 for loss and damages on account of goods mentioned in the annexure to the plaint taken over by the military authority, in the alternative, inquiry and accounts of loss and damages suffered by the plaintiff and decree for the amount found due on the taking of such accounts, Receiver, injunction and for costs.

(2.) The above is taken from the concise statement annexed to the plaint and it describes in the plaintiff's own terms as to what his suit is about.

(3.) The plaintiff's case is that on 1-10-1943 the military authorities under C. R. E. 251 Sub-area c/c No. 6 A. B. P. O. commandeered and took possession of the Badarpur Tea Estate in the District of Cachar, Assam. The said Tea Estate belonged to one Ral Saheb Gangadhar Tushnian who had purchased it from the Badarpur Tea Co. Ltd, in liquidation, A certain quantity of boiled and seasoned timber, i.e., engine wood, teak wood, scrap iron, pipes gravel, stones, etc., as per list annexed to the plaint and marked A, were lying in the said area and belonged absolutely to the plaintiff. Paragraph 4 of the plaint reads as follows: "The said military authority took possession and made use of the said goods under the wrong impression that the said goods had belonged to the said Rai Saheb Gangadhar Tushnian." The plaintiff goes on to allege that Gangadhar Tushnian wrongfully claimed the said goods and demanded compensation from the military authorities, denying the claim of the plaintiff, whereupon the military authorities advised the plaintiff to establish his claim to the said goods and compensation therefor in a civil suit. The plaintiff alleges having acted upon such advice and obtained a decree on 30-11-1944 against the said Gangadhar Tushnian. The plaint goes on to narrate that C. R. E. Outer Bengal and Assam having its office at No. 57, Part Street, Calcutta, within the jurisdiction of this Court was the authority for payment in respect of the claim arising in the said area and that C. R. E. Outer Bengal and Assam, referred the matter to D. C. E. Billing Centre E. C., Fort William; Calcutta, within the jurisdiction of this Court, for examination and settlement of the plaintiff's claim and payment to the plaintiff.