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1984 Supreme(Ker) 351

P.C.BALAKRISHNA MENON
K. A. Sobhanadas – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

P.C. Balakrishna Menon, J.

1. Eventhough this second appeal at the instance of the 1st plaintiff is admitted on questions 1 to 3 formulated in the Memorandum of Second Appeal, learned counsel for the appellant has urged only one point relating to the validity of the revenue recovery proceedings taken by the defendant State against the plaintiffs. The suit is for a permanent injunction to restrain the defendant State from continuing the revenue recovery proceedings taken against the plaintiffs for recovery of damages for the alleged breach of agreements entered into between the plaintiffs and the State, as unauthorised, without jurisdiction and beyond the powers of the State and its Officers.

2. The two plaintiffs were joint contractors for the sale of toddy in three toddy shops Nos. 17, 19 and 25 of Chavakkad Range for the year 1969-70. They started functioning with effect from 5-4-1969 after executing temporary agreements Exts. B1 to B3 with the Government of Kerala. The plaintiffs had deposited 10% of the bid amount on the date of the temporary agreements and the balance amount was to be paid in ten equal monthly instalments as per sub-r.(25) of R.6 of the, Kerala Abkari Sh












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