PREET PAL MONGA Vs. H.P.M.C.

JUDGEMENT

(1.) THIS second appeal arises out of the judgment of reversal of learned District Judge, Shimla dated September 1, 1999.

(2.) IT appears pursuant to the decision taken by the Government of Himachal Pradesh, the Horticulture Produce Marketing and Processing Corporation, a Government of Himachal Pradesh undertaking, was charged with the responsibility to procure apples on behalf of the State Government under the Support Price Scheme particularly 'culled apples' (bad apples) to save the farmers from financial crisis. One of the centre/sub centre to collect the fruit was located in village Asthani in Tehsil Rohru of District Shimla. Under the Scheme, the 'culled fruit' was to be received by the defendant Corporation and incharge of the concerned centre was required to issue receipt indicating the net weight of the fruit and the amount to be paid to the fruit grower in prescribed form.

(3.) AGGRIEVED , the defendant Corporatioh filed an appeal before the learned District Judge. Learned District Judge, Shimla by his impugned judgment, allowed the appeal and the suit of the plaintiffs was dismissed on the ground that the plaintiffs could not prove that they were the owners of Pal Orchards or that the fruit which was supplied to the defendant Corporation came from Pal Orchards.