Judgment

KAILASAM J.:- In both the appeals the plaintiff is the appellant by virtue of the certificates issued by the High Court of Delhi, Himachal Pradesh Bench, Simla. The question that arises in both the appeals is the same and the learned counsel are agreed that the disposal of C. A. No. 1678 of 1968 would dispose of C. A. No. 2124 of 1968. We will therefore take up the facts in Civil Appeal No. 1678 of 1968 only.

2. The plaintiff, Karnal Distillery Co. Ltd. filed this suit for recovery of a sum of Rs. 25,270/-, principal being Rs. 22,264/6/3 and interest at the rate of 6% per annum amounting to Rs. 3,005/9/9. The case for the plaintiff/appellant is that on 20th July, 1950 the plaintiff and Himachal Pradesh Government entered into an agreement under Ex. P-1 dated 20-7-1950 by which the plaintiff agreed to supply 12,000 L. P. gallons, with 10% variation of quantity on either side, of country liquors to the liquor licensees of Mandi District during the remaining period of 1950-51 commencing from August 1, 1950, at the rates mentioned in the agreement. The plaintiff offered to supply 10,800 L. P. gallons of liquor during the said period. The Himachal Pradesh Government accepted 10