BANK OF RAJASTHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal brought by the plaintiff, the Bank of Rajasthan Ltd. against the judgment and decree dated 26.3.60 passed by the District Judge, Pratapgarh, dismissing the plaintiff's suit against the defendants Nos. 1 and 2, the State of Rajasthan and the Manager, Government Ginning and Pressing Factory, Kapasin.

(2.) THE relevant facts giving rise to this appeal are that in the year 1954 defendant No.3 Uttam Chand (who is now dead) as sole proprietor of M/S. Jailal Mohanlal carried on business in cotton at Kapasin. He got his cotton ginned and pressed into bales at the Government Ginning and Pressing Factory, Kapasin (hereinafter called as the 'Factory'). The practice of the factory from the time of the erst -while State of Mewar was to issue 'Tak Patti' that is storage receipt to the dealer in respect of his goods which remained with the factory in its godown. The further practice was that the dealer, who possessed 'Tak Patti'could get the goods mentioned therein endorsed or entered in the name of his banker called 'Marfati' and the factory issued a letter called 'Marfati Chithi' in favour of the 'Marfati' that is the banker. On the basis of 'Marfati' that is banker on the security of the goods entered in the 'Marfati 'Chithi' as the factory took liability that the goods entered or endorsed in favour of a 'Marfati', would be delivered only to that 'Marfati' and to none else.

(3.) THE plaintiff presented the aforesaid 'Tak Pattis' and 'Marfati Chithis' and demanded the goods from the manager of the factory on 15, 1955 and subsequent there to, but he did not deliver the same. The plaintiff, therefore, brought the suit on 21.8.56 against the State of Rajasthan bying the owner of the factory as well as the Manager of the factory and Uttamchand for the recovery of a sum of Rs. 46,788/5/ - which remained due to the plaintiff under the cash credit account of Uttamchand and in the alternative for the delivery of 203 bales of cotton and 183 maunds 4 seers of 'Kapas' of 'Dher' No.9