JUDGMENT

Brijesh Kumar, J.-Civil Appeal No. 3484 of 1997 has been preferred by the Food Corporation of India and others against the judgment and decree passed by the Madhya Pradesh High Court only partly allowing their appeal and modifying the decree of the Trial Court to a limited extent to the effect that the respondent would be entitled to damages to be calculated after deducting 6 of the amount payable. The rest of the judgment and decree as passed by the Trial Court has been upheld.

2. Whereas Civil Appeal No. 3485 of 1997 has been preferred by M/s. Babulal Agarwal (the plaintiff), against the same judgment and order passed by the Madhya Pradesh High Court, partly modifying the decree of the Trial Court permitting deduction of 6 from the amount of damages as decreed by the Trial Court. For the sake of convenience, the parties shall be referred as plaintiff and defendant as in the original suit filed by M/s. Babulal Agrawal.

3. The Food Corporation of India (for short FCI ) invited tenders for hiring plinths for storing foodgrains. The plaintiff submitted his tender which was ultimately accepted vide letter dated 11.6.1985. The rent was to be @ 40 paise per sq. ft. The acceptan