( 1 ) THIS is a suit originally instituted by one Pulin Behari Deb Burman against the Dominion of India for recovery of Rs. 3,74,768-3-9 for loss and damages on account of goods mentioned in the annexure to the plaint taken over by the military authority, in the alternative, inquiry and accounts of loss and damages suffered by the plaintiff and decree for the amount found due on the taking of such accounts, Receiver, injunction and for costs.

( 2 ) THE above is taken from the concise statement annexed to the plaint and it describes in the plaintiff's own terms as to what his suit is about.

( 3 ) THE plaintiff's case is that on 1-10-1943 the military authorities under C. R. E. 251 Sub-area c/c No. 6 A. B. P. O. commandeered and took possession of the Badarpur Tea Estate in the District of Cachar, Assam. The said Tea Estate belonged to one Ral Saheb Gangadhar Tushnian who had purchased it from the Badarpur Tea Co. Ltd, in liquidation, a certain quantity of boiled and seasoned timber, i. e. , engine wood, teak wood, scrap iron, pipes gravel, stones, etc. , as per list annexed to the plaint and marked A, were lying in the said area and belonged absolutely to the pla