LALLAN PRASAD Vs. RAHMAT ALL

JUDGEMENT

(1.) This appeal by certificate is directed against the judgment and degree passed by the High Court of Allahabad reversing the judgment and decree passed by the Civil Judge, Allahabad, directing the respondents to pay to the appellant Rs. 18,142 and costs.

(2.) Two questions arise in this appeal : viz., (1) whether the first respondents pledged certain quantity of aeroscrapes purchased by him from military authorities at Bamrauli Depot, Allahabad, and delivered possession thereof to the appellant under an agreement of pledge entered into between them, and (2) whether the appellant was entitled to any relief when his case was that the first respondent never delivered to him the said goods and the said agreement never ripened into a pledge.

(3.) On January 10, 1946 the appellant advanced us. 20,000 to the first respondent against a promissory note and a receipt. The first respondent also executed an agreement whereby he agreed to pledge as security for the debt the said aeroscrapes and to deliver them at the appellant's house and keep them there in his custody. The appellant's case, however, was that the first respondent failed deliver the said goods to him, stored them a plot adjacent to the aerodrome at Allahabad and, therefore, the said agreement did not ripen into a pledge. Consequently, he was entitled to recover the amount advanced by him in the suit based on the said promissory note and the said receipt. In is written statement the first respondent admitted the said loan but alleged that in pursuance of the said agreement he delivered 147 tons of aeroscrapes of the value of Rs. 35,000 to the appellant. He claimed that the appellant was not entitled to obtain a decree unless he was ready and willing to redeliver the said goods pledged with him.