RAM KUMAR AGARWALA Vs. LAKSHMI NARAYAN AGARWALA

JUDGEMENT

(1.) The facts giving rise to this appeal may be stated briefly. The plaintiffs are the owners of a joint business in Bogra town. Defendant 1 is the Sri Oudh Rice and Oil Mills, and the other defendants are said to be the owners of the Mills. The Mills manufacture mustard oil. The plaintiffs were the agents of the Mills for the sale of mustard oil. The plaintiffs ordered 400 tins of mustard oil from the mills for supplying to one Bholaram Jesraj. When the oil arrived at Bogra, the plaintiffs took delivery. Immediately thereafter the Sanitary Inspector of the local Municipality, seized the oil and sent samples to the Chemical Examiner for report. Thereafter Laksmi Narayan Agarwala. plaintiff 1, was prosecuted on a charge of being in possession of adulterated mustard oil, and was convicted and sentenced to undergo 6 weeks imprisonment and to pay a fine. On appeal the conviction was upheld but the sentence was reduced to a fine of Rs. 100 only.

(2.) Plaintiffs sued the defendants for damages, claiming Rs. 1302-9-9 on account of the costs incurred in the criminal case, Rs. 197-6-3 for mental suffering due to the criminal case, and Rs. 1500 for loss in business and reputation.

(3.) Defendant 2, Ram Kumar Agarwala, alone defended the suit claiming to be the sole proprietor of the Sri Oudh Rice and Oil Mills. He denied that the oil for possession of which plaintiff 1 was convicted, was supplied by him; he denied that he had ever guaranteed to supply pure oil, or that the plaintiffs had ordered nadulterated oil; and he disputed the amount claimed as compensation.