STATE OF RAJASTHAN Vs. GANESH MAL

JUDGEMENT

(1.) THIS is a civil second appeal by the State of Rajasthan against the judgment and decree dated 6 -9 -1967 passed by the Civil Judge, Sojat, upholding the judgment and decree dated 31 -7 -1965 passed by the Munsif, Jaitaran, whereby the State of Rajasthan was restrained from effecting recovery of Rs. 990.72P. from the plaintiffs Ganesh Mal and Sohanlal.

(2.) THE plaintiffs' case, in brief, was that the plaintiffs were appointed agents for the storage and sales of food grains by the then Jodhpur Government under an agreement Ex. 1. The Government supplied 1540 'maunds wheat and 1,116 'maunds Gujji of the value of Rs. 31, 269/5/4. The plaintiffs were to be paid commission @ Rs. 1/10/ - per maund. The Plaintiffs after deducting their commission amounting to Rs. 4, 316/ - deposited the price of grain amounting to Rs. 26,953/5/4 in the Treasury through challans in two installments. When the commission bill was insisted by the Government, there was found a total shortage of Maunds 61.0 5 wheat and Maunds 32 -33 - 11 of Gujji. The Government allowed shortage (Chhijat) to the extent of four 'chhatanks' per maund. After allowing this shortage, the excess shortage came to Maunds 51 30 -9 in wheat and Maunds 25 32 -14 in Gujji. The Govt. there upon made the following claim:

(3.) ON the pleadings of the parties as many as ten issues were framed Thereafter the evidence of the parties was recorded After hearing the parties, the learned Munsif dismissed the plaintiffs suit for rendition of account and decreed the suit for permanent injunction. The learned Munsif decided issues Nos. 2 and 4 in favour of the plaintiffs and it was found that a sum of Rs. 990 72 P. is not due from the plaintiffs Consequently, the plaintiffs are entitled to the relief of permanent injunction.