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1986 Supreme(Raj) 563

SOBHAG MAL JAIN
Dhan Raj – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - This appeal, filed by the plaintiff, is directed against the judgment dated 13th August, 1975, of the Additional District Judge, Sirohi, dismissing the plaintiff's suit for the recovery of Rs. 11,001/-.

2. The plaintiff was granted a licence for the sale of country made liquor under a guarantee system at Ganchiwada, Sirohi, for the period from April 1, 1963 to March 31, 1964. As per the terms of the licence, the plaintiff guaranteed to draw from the Government warehouse country liquor worth Rs. 1,00,001/-. He was required to draw and sale by the end of each month l/12th quantity of the liquor of the guaranteed amount. He could make the deficiency good by the 10th of the next month. The plaintiff had deposited a sum of Rs. 10,001/- as security. In case of any shortfall in the guaranteed amount, the same could be realised from his security amount and the balance, if any was, recoverable from his other moveable and immovable property. On the expiry of the period of licence, the security amount was not refunded to the plaintiff. He, therefore, served a notice Under Section 80, CPC on the defendant and when no action was taken on it, he filed a suit for the recovery of Rs.












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