KISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal by the plaintiff is directed against the judgment dated 9th January, 1976 of the Additional District Judge No. 1, Jodhpur dismissing the plaintiff's suit by reversing the judgment and decree dated July 14, 1975 of the Additional Civil Judge, Jodhpur who had decreed the plaintiff's suit for Rs. 1505.50p.

(2.) THE plaintiff's case in brief was that his tender to run a canteen at the places mentioned in the plaint was accepted by the defendants and he was allowed to deposit the amount and worked the same till June 4, 1970, but thereafter his contract was terminated prematurely, as a result of which he suffered damages. The plaintiff claimed a sum of Rs. 4455/50p. as damages. The suit was contested by defendant No. 1 State of Rajasthan on various grounds. The Additional Civil Judge by his judgment dated 14th July, 1975 decreed the plaintiff's suit for Rs. 1505.50 p. and disallowed the rest of his claim On appeal by the defendant the Additional District Judge dismissed the plaintiff's suit. Aggrieved, the plaintiff has preferred the present appeal.

(3.) ACCORDINGLY , the plaintiff's appeal is allowed. The judgment of the learned Additional District Judge No. 1, Jodhpur dated 9th January, 1976 is set aside and that of the Additional Civil Judge, Jodhpur dated 14th July, 1975 is restored. The plaintiff shall be entitled to costs.