CHARU BHATNAGAR Vs. H P M C

JUDGEMENT

(1.) This second appeal arises out of the judgment of reversal of learned District Judge, Shimla dated September 1, 1999.

(2.) It appears pursuant to the decision taken by the Government of Himachal Pradesh, the Horticulture Produce Marketing and Processing Corporation, a Government of Himchal Pradesh undertaking, was charged with the responsibility to purchase unmarketable "Culled Apple" under the "Support Price Scheme" to help the farmers from financial crisis as all the apple crop had gone bad. Under the Scheme, the "Culled" fruits was to be received by the Incharge of the concerned Centre and issue receipt indicating the net weight of the fruit and the amount to be paid to the fruit grower in prescribed form.

(3.) The plaintiff appellant laid a suit before the learned Sub Judge 1st Class. Rohru for the recovery of rupees 49794/-. The case of the plaintiff as disclosed in the plaint is : The plaintiff is owner of "Charu orchards". This orchard was jointly managed, at the relevant time, along with other orchards belonging to the relatives of the plaintiff and expenditure was incurred jointly by all of them. Mohammad Sadiq was managing all the orchards, including "Charu Orchards" owned by the plaintiff. On 27-9-1989, Ram Singh Negi, a labour Contractor, employed by Mohammad Sadiq, the Manager, delivered 200 bags of Culled Apple at "Asthani Depot" of the defendant Corporation in the name of Charu Orchards vide receipt No. 00907 of the even date (Exhibit PW9/C). This receipt was also signed by Ram Singh Negi on behalf of the plaintiff. Net amount payable to the owner of the fruit is shown to be rupees 33000/-. The plaintiff claimed rupees 600/- towards cost of 2000 empty bags at rupees 3/- per bag and in all claimed rupees 33,600/-.