RAM NAGINA SINGH Vs. GOVERNOR GENERAL IN COUNCIL

JUDGEMENT

(1.) This is a suit for recovery of Rs. 18,011-3-3 on account of price of bricks supplied by the plff. to the Chief Engineer, Eastern Command & alternatively as compensation.

(2.) The plff. is a manufacturer of bricks & has a brickfield at, among other places, Ballykhab in the district of Howrah. In January, 1942 an order was promulgated by the Govt. of Bengal in exercise of powers conferred by Clause (a) Sub-R. (2) of R. 81, Defence of India Rules, to the effect that no first & second class bricks manufactured in brick kilns within the areas specified in the order should be disposed of by sale or otherwise without a written permit issued by the Chief Controller of prices, Bengal or any officer authorised by him in writing in that behalf. The Sadar Sub-Division of the district of Howrah within which Ballykhal is situate is one of the areas specified in the said order.

(3.) On 2-12-1943, the Controller of bricks, Bengal, issued three permits, viz., Permit Nos. 1604, 1605 & 1606, whereby the Chief Engineer, Eastern Command, was allowed to purchase bricks, Jhama, brickbats (hereinafter referred to as bricks) referred to in the permits from Messrs. R. N. Sinha & Bros., Ballykhal Uttarpara (Hooghly) for supply for urgent military work. The permits mentioned the rates ex-field at which the bricks could be purchased. Permit No. 1604 related to purchase of brinks marked "Kalyan", permit to 1605 to bricks marked "P.W.D."' & permit No. 1606 to bricks marked "E.C.C." on the back of the said permits an endorsement was made on behalf of the Chief Engineer, Eastern Command in these words: "These bricks are to be collected by M/s Eastern Construction Co., Ltd., on behalf of the C.E., E.C.".