BELGAUM PIONEER URBAN CO-OPERATIVE CREDIT BANK LTD. Vs. SRI STAYAPROMODA THIRTH GURU SRI SATYABHIDHY THIRTH SRIPADANGALAVARU SWAMIJI AND OTHERS

JUDGEMENT

(1.) THE fifth Defendant in Special Civil Suit No. 16 of 1951 in the Court of the Joint Civil Judge, Senior Division at Belgaum is the Appellant in this Court. The material facts of this case are as follows:

(2.) THE Plaintiff is the Swamiji of Uttaradhi Math According to his case, he pledged a gold not weighing over 400 tolas through his agent Madhwachar with the money -lending concern belonging to the family of Defendants 1 to 4 for a sum of Rs. 30,000/ -. The pledge in question was made on 10 -1 -1949. His further case is that out of the sum of Rs. 30,000/ -, he had already discharged a sum of Rs. 23,000/ -. When he offered to pay the balance amount and asked for the redemption of jewel, Defendants 1 to 4 failed to give back the jewel in question and thereafter, he came to know that they had re -pledged that jewel with the fifth Defendant for a sum of Rs. 33,750/ -. He demanded possession of the jewel from the 5th Defendant. The fifth Defendant having refused to comply with the demand made, he is constrained to file the present suit.

(3.) ON the basis of these pleadings, as many as ten issues were framed. The Court below rejected all the contentions of the Defendants and decreed the suit as prayed for. In so far as the costs are concerned, it gave a decree in favour of the Plaintiff only as against Defendants 1 to 4. Aggrieved by this decision, the fifth Defendant has come up in appeal and the Plaintiff has filed a Memorandum of cross -objections wherein he has objected to the decision of the Court below as regards costs and also complained that the money directed to be returned is not full and complete.