AGARWALA, J. :- The appellant Seth Banarsi Dass was the lessee of a sugar mill at Bijnor known as Shiva Prasad Banarsi Das Sugar Mills. The Cane Marketing Society Limited, Bijnor, (hereinafter called the Society) supplied to the appellant sugar cane for the years 1949-50 and 1950-51. The price of the cane was duly paid but there was a dispute between the appellant and the Society with regard to the commission payable to the latter.

2. The supply of sugarcane to the mills is controlled by the U.P. Sugar Factories Control Act (Act 1 of 1938) and the Rules made thereunder. Under S. 14 of the Act and the order of the State Government made thereunder an occupier of a sugarcane crushing factory is required to submit to the Cane Commissioner, on or before the prescribed date, an estimate, in the prescribed form and manner, of the quantity of cane which will be required in the factory during a particular crushing season.

The Cane Commissioner thereupon examines the estimate and publishes the same with such modifications, if any as he thinks fit to be made therein after consultation with an advisory committee. Thereafter he declares a certain area to be a reserved area for the purpos