MOHAMMAD SALIM Vs. MARKET COMMITTEE, AHMEDGARH

JUDGEMENT

(1.) PRESENT Regular Second Appeal against the judgment and decree dated 01.11.2014, passed by Additional District Judge, Sangrur, whereby the appeal against the judgment and decree dated 21.04.2015, passed by Civil Judge, Malerkotla was dismissed.

(2.) FOR the sake of convenience, the parties are being referred to as per their status before the Court of first instance.

(3.) THE detailed facts of the case have already been discussed in the judgment of the Courts below. Relevant facts for the purpose of decision of present regular second appeal that plaintiff -respondent had filed a suit for mandatory injunction on the ground that appellantdefendant No.1 is a firm and carrying on business of sale and purchase of fruit, vegetables etc., which are agricultural produce, without getting a license issued from the plaintiff committee under Section 6(3) of the Punjab Agricultural Market Produce Act, 1961 (hereinafter to be referred as the Act ) and without paying market fee, Rural Development Fund to the plaintiff, as envisaged under Section 10 of the Act and without submitting return on form M . For that purpose, the plaintiff issued notice to defendant No.1 on different dates. Defendant -appellant took the plea that the suit is not maintainable, as defendant No.2 was not carrying on the business of selling vegetables and fruits in the name and style of M/s Salim Sabzi Wala. Rather defendant No.2 was carrying on the business of selling fruits and vegetables of agriculturist on commission basis as Hawker and his monthly income is Rs.3,000/ -. He is just a retail shopkeeper and as such he was not required to get any license or pay any fee to the plaintiff. Plaintiff just wanted to harass the defendant(s), so, the suit be dismissed. On these facts the Court of first instance settled following issues and parties were put to trial: -