S. S. M. QUADRI, J.

( 1 ) THE defendants in O. S. No. 28/78 on the file of the Subordinate judge, Nandyal are the appellants. The respondent-plaintiff filed the said suit for recovery of the suit amount which was decreed by the trial court, on july 31, 1979, hence the present appeal.

( 2 ) THE facts leading to the filing of this appeal may briefly bs stated as follows : The respondent obtained licence of 26 toddy shops of Nandyal group for the period from October 1, 1974 to September 30, 1975. In accordance with the rules, he deposited Rs. 36,800/- towards advance rentals for four months and Rs. 2708/- towards earnest money deposit. The Sub- inspector of Excise, Nandyal filed two charge sheets against the plaintiff and others which were numbered as C. C. Nos. 58/75 and 59/75 on the file of the additional Munsif Magistrate, Nandyal. The plaintiff s case is that on receiving the summons, he learnt that on the allegation of adulteration of toddy by mixing chloral hydrate in Shop No. 9 on 20-12-74 and Shop No. 10 on 21-12-1974 the prosecutions were launched against him. Those criminal cases resulted in acquittal of the plaintiff on October 30, 1975. Even before the judgments in the crim

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