MONINDRA LALL SEN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a plaintiff's second appeal arising out of a suit brought by him to recover from the Union of India damages for breach of contract. The facts are these.

(2.) On the morning of 28-9-1954, the appellant purchased three third-class tickets one for himself and two for the ladies of his family, for journey by train from Patna to Calcutta and got three seats, bearing Nos. 43, 44 and 45, reserved in the Down Janta Express which during the relevant period used to leave Patna Junction station at 19.58 hours and reach Hovvrah next morning at 7.02 hours. When he came to the Patna Junction station at about 19.00 hours to occupy the seats reserved for himself and the two ladies, he found two of the reserved seats, bearing Nos. 43 and 44, occupied by two passengers named Sheonandan Prasad and A. Latif, respectively, on the basis of reservation made on the same day. The Railway authorities failed to provide for him accommodation in the Janta Express, though asked for. Accordingly, at 20.30 hours he recorded his complaint in the Complaint Book. He was obliged to travel in the Intermediate class by the Punjab Mail which left Patna Junction station at 23.37 hours and reached Howrah the next morning at 9.55 hours. It is alleged that the plaintiff who is an Advocate of this Court had fixed a legal consultation at Calcutta at 9.00 hours on 29-9-1954, and due to breach of the contract to carry him by the Down Janta Express, he missed this engagement and suffered thereby damages. On these allegations, he claimed as damages :

(3.) The Union of India, as owner of the Eastern Railway Administration, admitted that the plaintiff had booked three tickets and got reserved three seats in the Down Janta Express on 28-9-1954. It was further admitted that two of the said seats were reserved for two other passengers. It denied, however, that the plaintiff had incurred any loss or damage.