Law:

Section:

Contract Act (I of 1872)--S. 70---If a person lawfully does anything for another person or delivers anything to him not intended to have done so gratuitously and such other person enjoys benefits thereof, the latter is bound to make compensation to the former for the thing so done or delivered. JUDGMENT SALEEM AKHTAR, J.--- The appellant has challenged the judgment passed by a Division Bench of the High Court of Sindh in H.CA. No.55 of 1979 filed by the respondent No.1 whereby the judgment of the learned Single Judge was set aside and the suit filed by the respondent No.1 for recovery of Rs.14,64,569.10 was decreed. 2. Briefly the facts are that in the year 1968 the respondent No.1 after obtaining import licence for the import of sugar worth Rs.76,77,002 placed order with foreign suppliers for import of 27848 tons of white crystal sugar. Respondent No.1 claims to have purchased Bonus Vouchers of the total value of Rs.1,30,36,833 and opened Letters of Credit in favour of the supplier. The entire quantity were shipped in six consignments in different vessels scheduled to reach Karachi Port on different dates. Before the consignments arrived at Karachi the Government of Pakistan, Ministry of Agriculture and Works (Food and Agriculture Division) issued Notification NO.S.R.0.185(R)/68 dated 17th October, 1968, whereby in exercise of the powers conferred under section 3 of the Essential Commodities Act, 1957 (III of 1957) all persons who had booked orders for the import of sugar into West Pakistan from abroad were required to sell the entire quantity of sugar arriving at Karachi after 17th day of October, 1968, to the Trading Corporation of Pakistan, Karachi, immediately upon its clearance from customs for home consumption at a price not exceeding aggregate of the landed cost, the usual incidental expenses and 6% margin of profit.' In pursuance thereof respondent No.1 informed the appellant about the arrival of the consignment. However, on 21-10-1968 another notification was issued which reads as follows:----- "No. S.F.(Sugarl5(59)/67.--- In exercise of the powers conferred by section 3 of the West Pakistan, Foodstuffs (Control) Act, 1958 (West Pakistan Act XX of…

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