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1990 Supreme(Gau) 62

SRIVASTAVA
State of Meghalaya and others – Appellant
Versus
Jyotsna Das – Respondent


Advocates Appeared:
A. Sarma, Govt. Advocate. Meghalaya, B. K. Das

Judgement

JUDGMENT:- This is defendants appeal against the judgment and decree dt. 30-7-87 passed by the Assistant District Judge No.2, Cachar, Silchar, whereby the plaintiff respondents suit for recovery of Rupees 21,433.50 paise was decreed against the defendants-appellants.

2. The plaintiff had filed the suit for recovery of Rs. 21,433.50 p. from the defendants, the State of Maghalaya and its officers, on the allegations that the plaintiff was an approved dealer in " non-levy" cement and other building materials and had been carrying on business at Shillongpatty, Silchar. The plaintiff through her husband had on 30-6-85 purchased 500 bags of non-levy cement from the defendant No.9 at Gauhati on cash payment of Rs.43,500/- which included Rs. 1500/- as lorry freight advance for despatch through the defendant No.8. The plaintiffs husband after- tile transaction had left Gauhati on getting assurance from the defendant, Nos. 8 and 9 that said 500 bags of cement would be delivered at the plaintiffs premises by truck to be arranged by the carrier defendant No.8. After waiting for some time on 6-7-85 information was received that the defendants 6 and 7 had illegally and arbitrarily detain































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