1. Defendant is in appeal.

2. Plaintiff filed suit seeking decree of declaration to the effect that memo number 1795 dated 13.09.1990 issued by defendant No.3 is illegal, and void and against the provision of Punjab Agricultural Produce Markets Act, 1961. Plaintiff further sought decree of permanent injunction seeking restrain against the defendants from recovering any amount from him on the strength of notice under challenge. Plaintiff claimed that he is in business of manufacturing Dal, Besan etc. since 1988. He purchased Gram from various markets within and out of the State of Punjab. He maintains record relating to sale and purchase of the stock of the commodities in its ordinary course of business and submits statements regarding the purchase of Gram in auction from the local market yard and paying market fee along with RDF payable thereon from time to time.

3. His record was checked and inspected by defendant No.3 on 31.08.1999. Nothing wrong or irregular was found or pointed out. However, defendants served upon him memo dated 13.09.1990 which is illegal and void.

4. Suit was contested by the defendants. Apart from challenging the maintainability of the suit, defendant on me