MRS CHAND KUNWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under section 100 C. P. C. is by defendants against the appellate judgment and decree dated March 28, 1969, of the learned District Judge, Jodhpur by which he confirmed the decree for Rs. 4685. 33 with proportionate costs passed by the Civil Judge, Jodhpur on April 15, 1966 in a suit for recovery of Rs. 4984. 69 on account of loss suffered by the plaintiff-respondent as there was a breach of contract.

(2.) A few facts giving rise to this appeal may briefly be recounted here i The defendants-appellants are the legal representative of late Fauj Raj, who according to the plaintiff-respondent, worked under the name and style 'faujraj & Company' for the supply of Ration Commodities. The Authority of the Central Jail, Jodhpur invited tenders for the supply of ration commodities for the period commencing from July 1, 1955 to June 30, 1956. The conditions of the contract are contained in Ex. 2. Material conditions for the disposal of the appeal are as under :

(3.) MR. Rajendra Mehta, appearing for the appellants has not raised any controversy in regard to the sum of Rs. 924. 3 as mentioned in Ex. 126. This amount pertained to the loss suffered by the respondents for non-supply of contracted commodities upto March, 1956. The controversy in this appeal, therefore, remains confined to the balance of the decretal amount.