Nooty Ramamohana Rao, J.

1. This appeal is brought forth by the defendants challenging the correctness and sustainability of the decree and judgment rendered by the Second Senior Civil Judge, City Civil Court, Hyderabad, in O.S.No.1250/86.

2. For convenience, we refer to the parties as they are arrayed in the original suit.

3. The plaintiff was a registered partnership firm carrying on business in fertilizers. The first defendant was the Food Corporation of India (for short ‘FCI’), constituted in terms of Section 3 of the Food Corporation Act, 1964, while the second defendant was its Senior Regional Manager at Hyderabad.

4. For ensuring proper distribution and availability of fertilizers, the Government of India allocates to each State adequate quantities of fertilizers to be drawn from the stocks available with the first defendant/FCI. The State Government in-turn re-allots the fertilizers to some private dealers apart from distributing the same through its own network. Every fertilizer dealer is required to be registered under the Fertilizers Control Order and such dealers are termed as re-allottees. The re-allottee declares could draw the fertilizers stock from the FC