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1954 Supreme(Ker) 48

SUBRAMONIA.IYER, M.S.MENON
Abdul Sathar Sait – Appellant
Versus
Kunju Varkey – Respondent


Judgment :-

1. These appeals are against the decision of the Anjikaimal District Court awarding damages for the non-delivery of cocoanuts according to the provisions of Ext.D subsequent to the publication of Ext. K, an order of the Government of Cochin in the Development Department No. 105, dated 29.4.1122. The contention of the appellant is that Ext. D became irnfructuous with the publication of Ext. K and that the suits should have been dismissed.

2. Ext.D is dated 16.10.1121 and it is common ground that it embodies an agreement to sell future goods, that is, the cocoanuts to be harvested from the three items of property mentioned therein during a period of one year from 1.11.1121, the price payable for every 120 nuts being the market price per chothana of cocoanut oil in the Mattancherry bazaar on the dates of delivery plus an additional sum of Re. 1-6-0. Ext. K fixed a ceiling price for cocoanut oil and is in the following terms:

"No. 105 - In exercise of the powers conferred on them by sub-s. (1) of S. 3 of the Cochin Essential Articles Control and Requisitioning Powers Proclamation, III of 112, Government are hereby pleased with effect from the 15th day of December 1946 to fix


















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