1. This judgment shall dispose of Letters Patent Appeal No. 1 of 1972 and Cross-Objection Petition No. 14 of 1972 arising out of a common judgment of a learned Single Judge of this court, J. N. Bhat J.

2. A brief resume of the facts culminating into the aforesaid appeal and cross-objections may be given as below:

3. The plaintiff, who is respondent in the Letters Patent Appeal before us filed a suit for recovery of Rs. 34,950/-against the defendant, the State of Jammu & Kashmir, who is appellant before us in the Letters Patent Appeal on the allegations that he was the sole proprietor of Messrs United Forwarding Clearing and Transport Service, 102 Chakla Street, Bombay, that the defendant, who owned a woollen mills entitled Government Woollen Mills, Srinagar, wanted transportation of 174 packages of textile machinery lying in a Bombay port to the premises of the Government Woollen Mills at Srinagar, that the defendant through its agents Messrs Machinnoon Mackanzie and Co: Private Ltd., Bombay approached almost all the transport services in Bombay for the said service but no one was prepared to accept the work of transporting the aforesaid packages to Srinagar as the pac