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D. P. UNIYAL, S. D. KHARE
State of U. P. – Appellant
Versus
Khushiram Hiralal – Respondent
JUDGMENT
D.P. Uniyal, J. - This appeal by the defendant, the State of U. P., is directed against the decision of the Additional Civil Jude, Dehra Dun, decreeing the plaintiff's suit for Rs. 23,186/15/6 with pendent lite and future interest per annum and proportionate costs.
2. On 1-9-1947 the defendant requisitioned six motor vehicles belonging to the plaintiff's firm through Sri J. M. Sinha, the then Petrol Rationing Officer, Dehra Dun. The vehicles were taken for emergent work connected with the evacuation of refuse 40 gees from West Pakistan in the wake of communal disturbances following the partition of India. It was common ground that no hire was settled for the vehicles on the date when they were taken possession of by the defendant's agent, and that the petrol supplied in the vehicles to facilitate their removal from Dehra Dun was paid for by the plaintiff. The allegation of the plaintiff was that in January 1948 Sri R. P. Ghildayal the then Regional Transport Officer, Meerut, had told the vehicle owners that the hire would be Rs. 30/. per day per vehicle. Acting on the said representation the plaintiff submitted monthly bills of hire to the defendant at the above rate. It wa
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