Judgement

RAMASWAMI, J. : Both these appeals are brought from the judgment and decree of the High Court of Judicature of the State of Punjab, dated March 31, 1960 in Regular First Appeal No.121 of 1953 by certificates granted by the High Court under Article 133 (1) (a) of the Constitution.

2. The plaintiff brought the suit claiming a sum of Rs. 1,07,700 and odd from the Union of India as compensation for storage of over 600 tons of iron sheets for the period from July, 1944 to May, 1949. The plaintiff alleged that on February 11, 1944 the Union of India placed an indent for the supply of 1,20,000 drums. The raw materials comprising of 600 tons of P.C.R.C.A. iron sheets were to be supplied by the defendant to the plaintiff and the agreement was that the plaintiff was to be paid fifteen annas as the cost of fabrication for each drum. In pursuance of the contract the defendant supplied 600 tons of iron sheets to the plaintiff in July, 1944. The sheets were unloaded and stocked on the premises of the plaintiff s factory at Jullundur. But, on August 21, 1944, the defendant cancelled the contract by its letter-Ex. P-18 dated August 21, 1944 and the plaintiff was informed that further commu