RAJINDER SINGH BAGGA Vs. HARISH CHANDER CHOPRA

JUDGEMENT

(1.) This second appeal is dicected against judgmentand decree of Additional District Judge dated 7/11/1973 by whichhe had accepted the appeal and set aside the judgment and decree dated 28/04/1973 passed by Sub-Judge decreeing the suit of the appellant forrecovery of Rs. 7,595.28 paise with costs.

(2.) The appellant died during the pendency of the proceedings andhis legal heirs namely Smt. Devinder Kaur Bagga and Smt. Virindcr Kataria,were brought on record but later on one of the LRs has also died and hersole legal heir namely Smt. Virinder Kaur was already on the record and thename of deceased Devinder Kaur Bagga was struck out.

(3.) Facts, in brief, are that the plaintiff, who was a timber merchant hadsupplied on hire centering material comprising of planks 6 brand new 400 innumber on 2/07/1962 and another 400 on 21/07/1962 and pallu 8' eachhundred in number on first date and 150 more on the second date. Theplanks were at the rental of Rs. 2.00 per diem while the pallus were at therental of Rs. 1.50 per diem. On 12/12/1962, 230 planks and on 15/01/1963, 246 planks were returned to the plaintiff and similarly 120pallus on the first date and 100 pallus on the second date were returnedleaving the balance with the respondent i.e. 324 planks and 30 pallus.