H. H. S. FELDMAN vs THE PROVINCE OF EAST BENGAL — 1961 PLD 1028

Citation: 1961 PLD 1028

Court: Sindh High Court

Year: 1969

Decision Date: 1969-12-31

Parties: H. H. S. FELDMAN vs THE PROVINCE OF EAST BENGAL

Headnotes

Case cited as PLD 1961 Lah. 1028

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Hayat Junejo, Noorul Arfin Title: H. H. S. FELDMAN vs THE PROVINCE OF EAST BENGAL Case No.:L. P. A. No. 137 of 1964 L. P. A. No. 122 of 1969 Letters Patent Appeal No. 165 of JUDGMENT Reported As: PLD 1970 Karachi 295 Result: Appeal dismissed Judgment JUDGMENT MUHAMMAD HAYAT JUNEJO, J.----This is a plaintiff's appeal against the judgment and decree of a learned Single Judge of this Court, whereby the learned Judge dismissed the appellant's suit for the recovery of Rs. 1,23,797-9-6 of which Rs. 99,407-9-6 were claimed as damages and Rs. 24,390- 0-0 as interest at the rate of six per cent. Per annum from 29th May 1952, up to the date of institution of the suit. 2. The case of the appellant (plaintiff) was that he had entered into a contract with the respondents (defendants) whereby he undertook to supply about 6,500 tons of sea salt to the latter from Aden to Chittagong. For this purpose the appellant chartered a ship namely, s.s. "Tang Shan". The contract was performed by the appellant when s.s. "Tang Shan" arrived at Chittagong Port with the cargo on 15th April 1952. The respondents, however, did not make the necessary arrangements for unloading the same, although they were in a position to do so immediately. As a result of this the ship was delayed and had to remain in the port of Chittagong till 28th May 1952, whereas it should have in the ordinary course left by 5th May 1952 which was the maximum time that the respondents…

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