CHATTAR BHUJ Vs. MAHIPAL SINGH

JUDGEMENT

(1.) The circumstances giving rise to this second appeal, may be briefly stated as under :-

(2.) On August 7, 1968, the Agriculture Department, Haryana sold 200 Quintals of gram seed by public auction through Shri Mahipal Singh, Agriculture Inspector. Shri Chattar Bhuj gave the highest bid of Rs. 73/- per quintal, which was accepted and the gram seed was sold in his favour. He paid Rs. 1500/- as advance money to Mahipal Singh on behalf of the Agriculture Department. He further paid Rs. 11,500/- to him for payment to the Agriculture Department on August 21, 1968. The said amount was the price of 178 quintals and 6 kilograms of gram seed. Chattar Bhuj was, however, delivered 140 quintals of gram seed. So, there was short delivery of 60 quintals of gram seed. Out of 178 quintals and 6 kilograms gram seed, for which the price had been paid by him, 140 quintals of gram seed, which had been delivered to him, included 25 quintals of gram seed which were defective. Therefore, Chattar Bhuj brought the suit for recovery of Rs. 2780/- being the excess amount paid by him, Rs. 1825/- as damages on account of the defective gram seed weighing 25 quintals, Rs. 1000/- as damages for breach of contract, and Rs. 178/- by way of interest, totalling Rs. 5783/-. The suit was contested by the defendants on various grounds and the suit was tried on the following issues :-

(3.) The trial Court decided issue Nos. 1, 2, 4, 6 and 7 in favour of Chattar Bhuj. Issue Nos. 3 and 5 were decided in the negative. The trial Court held under issue No. 8 that Chattar Bhuj was entitled to recover Rs. 2780/- as excess amount Rs. 1825/- as damages on account of 25 quintals of gram seed being defective, and Rs. 178/- by way of interest, totalling Rs. 4783/-, from Mahipal Singh, Agriculture Inspector and recorded decree to that effect, Aggrieved by the said decree, he carried appeal, which was decided by the learned Additional District Judge, Gurgaon, During the appeal, Mahipal Singh gave an application for admission of additional evidence consisting of certified copy of the judgment of the criminal court, by which Bhim Singh, who was the depot-holder, had been acquitted, certified copy of the register of the said depot and attested copies of the challan forms, indicating the deposit of Rs. 1500/- and Rs. 11,500/- in the State treasury. The lower Appellate Court allowed the said application on payment of Rs. 55/- as costs and then set aside the judgment and decree of the trial Court and remanded the case to it. It is against that judgment that Chattar Bhuj has come to this Court in appeal.