DIN DAYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This suit is brought by Din Dayal proprietor of Messrs. Lakhi Ram Din Dayal of Delhi originally of West Punjab for the return of 71,000 mounds of firewood which values at Rs. 1,77,500 and interest Rs. 30,470/14/- at 6 per cent per annum on the price of goods by way of damages or in the alternative a decree for Rs. 2,07,970/14/- as price and interest thereon at 6 per cent, per annum and costs of the suit etc.

(2.) Din Dayal is the proprietor of Messrs. Lakhi Ram Din Dayal and was a firewood merchant in Pakistan and on partition he migrated to what is now India. He alleges that on the 29th August, 1947, he purchased from different Mohammedan owners large quantities of firewood for a sum of Rs. 2,11,250 which were paid the same day and this is evidenced by a document Exhibit P. 57/A at page 119 of the paper book. It purports to be a letter evidencing sale of different quantities of firewood lying at different places and belonging to three different parties. According to this letter payment was originally to be made on the 10th September, 1947 and if the stocks were frozen by or taken by Government the sellers were not to be responsible and compensation, if any, was to be paid to the buyers and if due to disturbed conditions the goods were found short the sellers were not to be responsible but the price was to be paid all the same. The price was paid the same day to Inam Ullah, Nisar Ahmad and another in cash which is evidenced by Exhibit P.7. The plaintiff deposes that he paid cash from out of the money which he had brought from Pakistan and which was on his person and he paid the same to the vendors and took possession of the goods sold. It may be difficult to believe that such a large amount of money could be paid in the manner it is alleged but it is irrelevant to the case.

(3.) On the 4th October, 1947 the District Magistrate of Karnal passed what has been called by parties a freezing order which is Exhibit P.W. 7/1 at page 121 of the paper book. The operative part of the order is -