- (1.) This is a Regular First Appeal and has been directed against the judgment and decree dated 30.9.1978, passed by the Court of Sub Judge 1st Class, Phul who granted a money decree for a sum of Rs. 25705.26/- along with future interest at the rate of 6% per annum from the date of the institution of the suit i.e. 27.9.1977 till the date of its payment.
(2.) The pleadings of the parties can be summarised in the following manner.
(3.) Plaintiff-firm M/s Sohan Lal Des Raj Rampura Phul Mandi has filed a suit for the recovery of Rs. 26,600/- against the Market Committee Rampura Phul. It is alleged that the that plaintiff firm is a registered firm and is carrying on its business in the name and style of M/s Sohan Lal Des Raj Rampura Phul. It is further averred that plaintiff firm is doing the business of purchase and sale of the agricultural produce within the territorial jurisdiction of the defendant Market Committee and had got a valid licence issued by the defendant Market Committee. Originally the market fee chargeable from the plaintiff firm under law was 1.50 % of the price of the produce and later on an Ordinance No. 4 of 1974 dated 30.4.74 and Act No. 13 of 1974 dated 20.8.1974 were promulgated and market fee was enhanced from 1.50 % to 2.25 % and the plaintiff firm started paying the market fee at the enhanced rate. Later on this Ordinance No. 4 of 1974 and Act. No. 13 of 1974 were struck down and declared void and ineffective by the Hon'ble Punjab and Haryana High Court, vide their judgment dated 8.11.1974 in C.W.P. No. 3274 of 1974.;