Sanjib Banerjee, J.

The story may be narrated first and the legal context later. The sheer quality of the story demands this extraordinary treatment of the facts de hors the legal premise against which it has to be seen.

2. The appellant entered into an agreement with the Food Corporation of India in June, 1975 for, in effect, letting out his godown having nearly 73,000 sq. ft space for storage of foodgrain up to 12,000 MT at a time. The agreement was in the nature of an agency under which the appellant was to handle and receive only such consignments and bags of foodgrain as were to be allotted by FCI. As on October 10, 1988, only about 1900 MT of foodgrain remained at such Shibpur godown and the vast area of the godown remained unutilised. The agreement provided for the appellant to be paid on the basis of the quantity of the goods stored. The agreement also precluded the godown being let out to any other or the appellant storing any goods other than the FCI’s therein. For a substantial period between October, 1988 and November, 1991 fresh stocks of foodgrain were not sent for storage at the Shibpur godown. By a letter dated November 2, 1991, the appellant terminated the