JUDGMENT:- This appeal by the Union or India and the Himachal Pradesh Administration and Regular First Appeal No.5 of 1959 by Amar Chand Butail arise out of the same judgment ana decree of the Senior Subordinate Judge Mahasu and in order to facilitate matters I propose to dispose of both of them by this judgment.

2. Amar Chand Butail filed a suit against (i) the Union of India, (ii) Himachal Pradesh Administration and (iii) Jishan Lal Kuthiala for recovery of a sum of Rs. 1,44,522/6/9 comprising the following items:-

(1) Rs.70,000/-

(2)Rs.1,818/15/- Parts of an item of Rs. 94,198/8/3 alleged to be due on account of food-grains etc., supplied to the Forest Department of the then Jubbal State (hereinafter to be referred as Jubbal State).

(3) Rs.37,669/3/6 alleged to be due on account of supplies made to the Jubbal State under the Grain Procurement Scheme.

(4) Rs. 1,000/12/. alleged to be due on account of transport of the foodgrains etc., to the Government godowns and of rent for the year 1948.

(5) Rs.34,033/8/3 alleged to be due on account of interest at the rate of 9 per cent per annum for the period prior to the institution of the suit.

3. It is not disputed that the plaintiff was a con

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