STATE OF ASSAM Vs. MUKUNDA OJA

JUDGEMENT

(1.) This first appeal has been filed by the state of Assam against the judgment and decree dated 22-12-89 passed by the learned Asstt. District Judge, Barpeta in M. S. No. 11/88, By the impugned decree, the learned Judge decreed the suit against the State of Assam for an amount of Rs. 1,24,850/- with interest at the rate of 6% per annum from the date of filing of the suit.

(2.) On 30-8-90, this Court admitted the appeal and the execution of the decree was stayed on condition that the State of Assam shall deposit half of the decretal amount within 1 months from that date. The amount was deposited and thereafter on 8-11-90 this Court passed an order that the plaintiff shall be entitled to withdraw the same by furnishing bank guarantee to the satisfaction of the Court. This order was subsequently modified on 30-7-91 and the plaintiff was allowed to withdraw the amount by furnishing security of immovable property. The half of the amount deposited was withdrawn by the plaintiff.

(3.) The suit was filed by 4 plaintiffs. The case of the plaintiff's was that the defendant had allowed the plaintiffs to store in the Cold Storage Cooling Chamber of Howly as per terms and conditions of the agreement dated 11-9-87. The monthly rent for storage was Rs. 5/- p/qul. From the plaint it is seen that only Mukunda Ojha deposited in all 1401 bags of potatoes on different dates as mentioned in para 1 of the plaint. But potatoes were damaged in the Cold Storage and it is stated that this damage was caused due to gross negligence and carelessness on the part of the defendants and as such this suit was filed for realisation of an amount of Rs. 1,95,650/- being the amount of value of seeds potatoes at the rate of Rs. 350/- per qutl. with interest at the rate of 12% thereon.