JUDGMENT

Sinha, J. - This is a suit for recovery of Rs. 18,011-3-3 on account of price of bricks supplied by the plff. to the Chief Engineer, Eastern Command & alternatively as compensation.

2. The plff. is a manufacturer of bricks & has a brickfield at, among other places, Ballykhab in the district of Howrah. In January, 1942 an order was promulgated by the Govt. of Bengal in exercise of powers conferred by Clause (a) Sub-R. (2) of R. 81, Defence of India Rules, to the effect that no first & second class bricks manufactured in brick kilns within the areas specified in the order should be disposed of by sale or otherwise without a written permit issued by the Chief Controller of prices, Bengal or any officer authorised by him in writing in that behalf. The Sadar Sub-Division of the district of Howrah within which Ballykhal is situate is one of the areas specified in the said order.

3. On 2-12-1943, the Controller of bricks, Bengal, issued three permits, viz., Permit Nos. 1604, 1605 & 1606, whereby the Chief Engineer, Eastern Command, was allowed to purchase bricks, Jhama, brickbats (hereinafter referred to as bricks) referred to in the permits from Messrs. R. N. Sinha & Bros., Ballykh