KEDAR NATH MALL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is the Plaintiff's appeal directed against dismissal of his suit for a sum of Rs. 1,50,000 and odd as per accounts given in eight schedules to the plaint, that is, schedules A to H.

(2.) The Plaintiff's case in short was that the State of Bihar, the Respondent No. 1 in this appeal, introduced a scheme of monopoly purchase of rice and paddy in the district of Manbhum and in other districts in Bihar in the year 1947. The Plaintiff was a registered firm. It carried on business in foodgrains in Sadar sub -division of Purulia since 1943. The Plaintiff was appointed as agent by the State of Bihar for the purchase of rice and paddy on behalf of the State Government on terms and conditions which were incorporated in agreements and writings which were duly executed by the Plaintiff and on behalf of the State of Bihar. It was the further case of the Plaintiff that it also worked as sub -agent of the Licensed Grain Dealers Syndicate, Purulia, (hereinafter referred to as L.G.D.S. or Syndicate for brevity) which was the agent of the Government of Bihar for the same purpose. The price of the commodities to be purchased and supplied by the Plaintiff to the Government was fixed by the Deputy Commissioner of Manbhum and the Plaintiff used to supply the foodgrains at the price so fixed.

(3.) Besides the value of rice and paddy the Plaintiff was to get