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 communication would follow in regard to the disposal of the materials supplied to the plaintiff under the contract. The plaintiff served notices, dated July 27, 1945-Ex. D-1 and April 28, 1947-Ex. D-2, asking the defendant to remove the goods. The goods were removed in small quantities in accordance with the release orders issued and the last lot weighing 282 tons was removed on May 30, 1949. After some correspondence between the plaintiff and the Union of India, the plaintiff filed the present suit on July 29, 1952 on the allegation that the plaintiff acted as bailees of the goods of the defendant from July, 1944 to May, 1949 and was entitled to the sum of Rupees 1,07,700-5-0 as follows:

Rs. as. p.

(a) Godown rent from July, 1944 to end of May, 1949@ Rs. 4 per ton per month .. 93,231 0 0

(b) Chowkidar s salary, Watch and Ward .. 7,004 0 0

(c) Terminal Tax paid .. 760 0 0

(d) Cartage from Railway Station to Godown of the Factory .. 2,105 14 0

(e) Unloading charges .. 825 5 0

(f) Cooliage to store 600 tons in godown .. 800 0 0

(g) Interest on the sums mentioned in Clauses (c) to (f) at 6% .. 2,974 2 0

The suit was resisted by the defendant on the ground that there was no completed contract of bailment between the parties and that, in any event, the claim of the plaintiff regarding the charge for storage was excessive. It was also pleaded that the suit was barred by limitation. By its judgment, dated May 4, 1953 the trial Court granted the plaintiff a decree for a sum of Rs. 9,440 against the Union of India. The plaintiff took the matter in appeal before the Punjab High Court in Regular First Appeal No. 121 of 1953. By its judgment, dated March 31, 1960, the High Court partly allowed the appeal of the plaintiff and granted him a decree for Rs. 27,525-5-0 against the defendant as detailed below:

Rs. as. p.

(a) Godown rent @ Rs. 300 per month for a period of 59 months from July, 1944 to the end of May, 1949 .. 17,700 0 0

(b) Chowkidar s salary .. 2,360 0 0

(c) Terminal Tax .. 760 0 0

(d) Cartage .. 2,105 14 0

(e) Unloading charges .. 825 5 0

(f) Cooliage .. 800 0 0

(g) Interest @ 6% per annum on items (e) to (f) as Rupees 2,974-2-0 claimed in the plaint 2,974 2 0

27,525 5 0

Aggrieved by the judgment and decree of the High Court, dated March 31, 1960, both the plaintiff and the defendant have presented appeals to this Court.

3. In Civil Appeal No. 43 of 1963 it is contended on behalf of the appellant that the storage charges granted at Rs. 300 p.m. by the High Court were not justified upon the evidence in the case. It was submitted than the report of Mr. J. S. Mongia, dated August 5, 1947 was taken by the High Court as the basis of its calculation and the fair rent payable to the plaintiff ought not to have exceeded the rate of Rs. 200 p.m. mentioned in Mr. Mongi