Judgment

GAJENDRAGADKAR, C.J.I. : These two appeals arise out of a suit filed by the appellant Amar Chand Butail against the three respondents, the Union of India. Himachal Pradesh Administration and Jishan Lal Kuthiala to recover Rs. 1,44,522-6-9 with future interest at 9% per annum. According to the appellant, he was a contractor who was entrusted with the work of supplying food grains and other commodities to the labourers employed by the Jubbal State for the purpose of exploiting the forests. He was also assigned the work of supplying food grains and other commodities to the Jubbal State under its grains procurement scheme; in order to carry out his assignment, be maintained a storage godown at Sanjauli. It appears that on April 1, 1948, the Jubbal State ceased to exploit the forests departmentally and assigned that work to a contractor Jodha Mall Khuthiala. On that date food-grains worth about Rs. 94,198-8-3 were with the appellant and they were meant to be supplied to the labourers employed by the Jubbal State. In pursuance of an order issued by the Jubbal Durbar, the appellant transferred all these goods to the Conservator of Forests in the State and in turn, the latter deliv