STATE OF BIHAR Vs. PARMESHWAR LAL

JUDGEMENT

(1.) This appeal by the State of Bihar is directed against the judgment and decree of the Additional Judicial Commissioner of Chota Nagpur reversing those of the Subordinate Judge, Ranchi.

(2.) Parmeshwar Lal, plaintiff-respondent 1, instituted a suit for compensation against (1) The Governor-General in Council, (2) The Province of Bihar, (3) Mr. R. P. N, Sahi and (4) Mr. B. C. Mukerji.

(3.) The case of the plaintiff was that under requisition orders dated 27-ll-1943, and 2-12-1943, issued by defendant 3, who was then the Deputy Commissioner of Chota Nagpur, he was directed to hold on behalf of the Government of Bihar his stock of rice weighing 957 maunds 20 seers. On the date when the requisition notice was served, the Government controlled rate for sale of rice was Rs. 15/8/-per maund. On 2-2-1944, Mr. B. C. Mukerji. (defendant 4), the then Deputy Commissioner of Chota Nagpur, issued notification acquiring the said stock of rice under Sub-rule (2) of. R, 75, Defence of India Rules. On 2-2-1944, the Government controlled rate for rice was Rs. 12/8/- per maund, and it was at this rate that the plaintiff was paid the price for the stock of rice acquired. The plaintifr claimed in the present suit a decree for Rs. 4000/- as per account given at the foot of the plaint, This amount represented the price of the entire stock at the rate of, Rs. 15/8/- per maund minus the amount already paid plus the interest at the rate of one per cent per mensem.