SURENDER KUMAR JAIN Vs. JYOTI

JUDGEMENT

(1.) THIS is a suit for recovery of Rs.30,70,000/-. It is alleged in the plaint that the plaintiff was having a live-in-relationship with defendant No.1 and they were residing on the first floor of House No.2841, 1 st Floor, Gali No.5, Regbarpura No.2, Gandhi Nagar, Delhi-110031, which the plaintiff had taken on rent. It is also alleged that the plaintiff invested in gold jewellery weighing about 1.5 kg. and kept the same with defendant No.1. Silver ornaments weighing about 1.0 kg. are also alleged to have been purchased by the plaintiff and kept with defendant No.1. The total value of the gold jewellery and silver ornament is stated to be about Rs.30 lakhs. It is also alleged that the plaintiff had kept Rs.70,000/- with defendant No.1 to meet any emergency.

(2.) IT is alleged that since differences arose between the plaintiff and defendant No.1, the plaintiff stopped going to the premises where defendant No.1 was residing though all household expenses were being incurred by him and the rent of the premises was also being paid by him.

(3.) I see no reason to disbelieve the unrebutted deposition of the plaintiff. The bills/invoices Ex.PW-1/A to PW-1/H show purchase of jewellery from time to time. The name of the plaintiff has also been recorded as the purchaser on these documents. The case of the plaintiff is that the jewellery which he had kept with defendant No.1 has been sold by her, in order to purchase the flat in which she is presently residing. Defendant No.1 had no right to sell the jewellery, which the plaintiff had kept with her for safe custody. In these circumstances, the plaintiff has become entitled to recover Rs 30 lakhs from defendant No.1 being the value of the jewellery which he had kept with her. He is also entitled to recover Rs. 70,000/- from defendant No.1 being the cash which he had kept with her for safe custody.