I. N. MODI, J.

( 1 ) THIS is a Civil regular first appeal by Mst. Chandni, widow of Hiralal plaintiff, against the judgment and decree of the Civil Judge, Balotra, dated the 23rd december, 1954, dismissing the plaintiffs suit. The plaintiff Hiralal thed after the decision of the suit by the trial court and before the present appeal was filed, and so this appeal was preferred by the present appellant, being his sole representative.

( 2 ) IT is common ground between the parties that the plaintiff Hiralal worked as a retail cheap grain shop agent of the State for the Guda Chohtan area from the 16th June, 1949 to the 18th August, 1949. One Balchand Geimal was the wholesale distributor of grain for this area at the relevant time. The plaintiff was caught having sold some 18 bags of grain in black-market, and for this it appears that he was subjected to a fine of Rs. 1500/ -. The case of the plaintiff is that at that time there were some 221 bags of grain in his godown (with which alone we are concerned in this appeal), and a chepa was put on it by defendant No. 3 Faujraj, a famine clerk in the office of the Tehsildar, under the orders of defendant No. 2, radhakishen, the Tehsi