Ashutosh Mohunta, J. - (1.) COTTON Corporation of India Limited has filed the Second appeal against the judgment dated 02.08.1986 passed by the Senior Sub Judge, Sirsa and the judgment dated 15.10.1987 passed by Additional District Judge, Sirsa whereby the suit as well as the appeal filed by the appellant were dismissed.
(2.) THE brief facts of the case are that Cotton Corporation of India Limited entered in a contract with the respondent as per which the respondent agreed to purchase 200 quintals of cotton seeds of J/34 Chilki quality at the rate of Rs. 218/ - per quintal on 05.03.1981. The goods were to be lifted from Ellenabad centre within 3 days of the intimation sent and in case the same were not lifted then the plaintiff -Cotton Corporation of India was entitled to charge carrying charges at the rate of 2.5 % per 30 days on monthly rest basis. The plaintiff -appellant was also entitled to cancel the contract if the goods were not lifted within 10 days of the intimation for lifting the same. It was stated that the intimation to lift the goods was given to the defendant on 08.04.1981 and 16.04.1981 in writing but the defendant did not lift the goods. The defendant kept on avoiding to lift the goods on one pretext or the other and ultimately, the defendants failed to lift the goods. The goods were sold in an open auction on 05.06.1981 and the plaintiff suffered a loss of Rs. 4041.42 paise including carrying charges. It was also entitled to claim interest at the rate of 2.5% per annum on the aforesaid amount as per the usage and custom. Thus the plaintiff was entitled to recover the total sum of Rs. 5021.65 paise as on 30.06.1982. After the evidence was lead, the trial Court held that the cotton seeds offered by the plaintiff were not of the contracted quality as the cotton seeds had been damaged and thus it cannot be said that the defendant committed default to perform his part of the contract. Accordingly, suit filed by the plaintiff was dismissed. The plaintiff filed an appeal which was also dismissed by the Additional District Judge, Sirsa vide judgment dated 15.10.1987.
(3.) IT is against the aforesaid judgment of both the Courts below that the present appeal has been filed.;