Judgment

CHINNAPPA REDDY, J. - The plaintiffs in Original Suit No. 12 of 1958 in the Court of the Additional Chief Judge, City Civil Court, Hyderabad, are the appellants in this appeal filed pursuant to a Certificate granted under Article 133 (1) (a) of the Constitution of India (as it stood prior to the 30th Amendment). They were the Abkari Contractors of the Marredpally and Balamrai Sendhi and Toddy shops for the Abkari year 1951-52. They alleged in the plaint that though they had complied with all the terms of the contract they were not put in possession of the number of trees ear-marked for the two shops at the time of the auction. In particular it was alleged that 1600 trees in Shengaram village and 710 trees in Ibrahimnagar which were ear-marked for the shops were never given to the plaintiffs but, instead they were allotted to other contractors. As a result of the failure of the Excise authorities to give the allotted trees to the plaintiffs they suffered losses and were unable to pay the instalments. Despite the representations of the plaintiffs the contract in their favour was terminated and the shops were re-auctioned on 19th May 1952. The Government of Hyderabad demanded