SATISH KUMAR Vs. MAHANT RAM

JUDGEMENT

(1.) Defendant is the appellant, who aggrieved by the judgment and decree passed by the learned first appellate Court on 01.10.2008, whereby it decreed the suit filed by the plaintiff and set aside the judgment and decree passed by the learned trial Court, has filed the instant Regular Second Appeal.

(2.) The parties hereinafter shall be referred to as the "plaintiff" and the "defendant".

(3.) The plaintiff filed a suit for recovery of Rs.1,63,520/- from the defendant being the price of fuel wood with interest at the rate of 12% per annum. It was averred that the plaintiff was dealing in the Whether the reporters of the local papers may be allowed to see the Judgment?Yes business of supplying of fire wood to the brick kilns and others. On 28.12.1992, an agreement in writing was entered into between the plaintiff and the defendant, whereby the plaintiff agreed to supply to the defendant 3000 quintals of fuel wood at the rate of Rs.69/- per quintal and in case the plaintiff would not supply the wood, the defendant would calculate the amount of the supplied wood at the rate of Rs.19/- per quintal. It was further averred that half of the price 31.03.1993 and the remaining of the wood would be paid by the defendant to the plaintiff by 30.08.1993 and in case the defendant fails to make the entire payment on the above date, he would pay the amount of fuel wood at the rate of Rs.80/- per quintal. It was also averred that loading/unloading and freight charges would be paid by the defendant on each trip. The plaintiff supplied 3032 quintals fuel wood and the defendant paid Rs. 1,03,326/- and after deducting Rs.36,384/- being loading/unloading and freight at the rate of Rs.12/- per quintal, only Rs.66,942/- were received by the plaintiff from the defendant as the price of only 988 quintals wood and as such out of 3032-988, now 2044 quintals is to be charged at the rate of Rs.80/- per quintals, which comes to Rs.1,63,520/- and even the defendant failed to pay the price of wood by the due date and, therefore, liable to pay the aforesaid amount, hence, the suit.