Barin Ghosh and C.M.Prasad JJ.

1. Heard learned Counsel for the parties. If there is a contract for sale, three elements are essential, namely, parties, property and price. The purchaser must agree to purchase from the seller and, at the same time, the seller must agree to sell to the purchaser. The property agreed to be sold should be ascertained by both the seller and the purchaser. The price to be paid and received should also be ascertained and agreed by the both. In the absence of any of these elements, the contract for sale will fail.

2. Essential Commodities Act is not a deterrent for production or manufacture of essential commodities. The same however, is a deterrent in the matter of choosing the buyer of essential commodities. Producers or manufacturers of essential commodities have no market. They are bound to sell essential commodities to the buyer to be nominated by the Central Government. Inasmuch as, producers or manufacturers of essential commodities have no market, there is no known method of fixing the price of essential commodities. The Act, therefore, requires the Central Government to determine the price of essential commodities. The legislature while ma