PUNJAB AND SINDH BANK Vs. SATWANT SINGH KOCHHAR

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal (RFA) filed under Section 96 Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 28.8.2003 decreeing the suit for recovery of money filed by respondent No.1/plaintiff. The suit was filed for recovery of Rs.3,30,000/- however, the same was decreed for Rs.1,54,000/- with pendente lite and future interest @ 12% per annum simple. Out of the amount decreed of Rs.1,54,000/-, an amount of Rs.1,29,050/- is towards the value of missing articles which were given to the appellant/defendant No.1 at the time when the premises were let out by respondent No.1/plaintiff.

(2.) THERE are two issues which are argued on behalf of the appellant/defendant No.1 before this Court. The first aspect is that the missing items were handed over back to the receiver and, therefore, the appellant/plaintiff is not liable. The second aspect is with respect to the value which is fixed by the trial court at Rs.50,000/- of the missing articles of furniture.

(3.) LEARNED counsel for the appellant argued that in terms of the orders dated 30.10.1991 and 22.4.1992, passed in the suit, it becomes clear that the missing items were returned to the respondent No.1/landlord/plaintiff. These orders read as under:-