JAGDISH CHANDRA TRIKHA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The plaintiff moved this Court in December 1977 for permission to file the suit as an indigent person underthe provisions of Order 33 Rules 1 and 2 of the Code of Civil Procedure. The Court granted permission by order dated 22/03/1982. The plaintiff, as a consequence, filed a suit for recovery ofGold ornaments weighing 480 Tolas i.e. 5596.80 grammes depositedin safe deposit box under receipt No. 17/47 dated 3/06/1947 withthe defendant .Bank or in the alternative for the price thereof amounting to Rs. 3,72,400. The plaint was subsequently amended and theplaintiff claimed recovery of the gold ornaments/jewellery or pricethereof as on the date of the judgment/decree in the suit.

(2.) The brief facts of the case are that late Rai Sahib Mool Chand,father of the plaintiff and defendants 3 to 5 and husband of Smt.Washeshran Devi, who was arrayed as defendant No. 2 but was deleted by the Court's order as she had expired during the pendency ofthe suit was an eminent civil lawyer of the city of Peshawar (nowforming part of Pakistan) in 1947. The said Rai Sahib Mool Chandhad a very lucrative practice as an Advocate and was a regular income-tax payer. He was considered to be one of the wealthiest person inthe city of Peshawar and after migrating from Peshawar in 1947 toIndia with his family at the time of partition died on 30/04/1953in Delhi leaving behind the legal representatives/heirs entitled to hisestate as referred to above. Rai Sahib Mool Chand entrusted forsafe custody a sealed box containing 500 Tolas of Gold ornaments/Jewellery belonging to him with the then The Punjab National BankLtd., Peshawar Cantt. Branch, Peshawar of which defendant No. 1is the successor according to the Banking Companies (Acquisition andTraisfer of Undertaking) Act, 1969. The gold ornaments/jewelleryallegedly weighed 500 Tolas and were placed in the box by the latefather of the plaintiff Rai Sahib Mool Chand and his mother Smt.Washeshran Devi with a list of the said articles of jewellery thereinand the same was locked by the deceased himself after which the boxwas wrapped with a white cloth and duly stitched by defendant no.since deceased, and sealed with "Lac" (sealing wax) by the deceasedafter which a monogram "M.C.R.S." i.e. "Mool Chand Rai Sahebwas embossed on the seals of the said box in the presence of defendantNo. 2. Before handing over the said box to the then The PunjabNational Bank Ltd.. Peshawar Cantt Branch, Peshawar, the deceasedwrote his name on the said box. The box was given/entrusted to theBank under receipt No. 17/47 dated 3/06/1947 and the aforesaidBank accepted it for safe custody as a part of its business activitiesfor fee paid by the deceased to the said Bank for safe custody. Thedetails of the jewellery as handed over to the Bank are referred to inparagraph 3 of the plaint which may be reproduced as follows :(i) S. No. Description of articles Quantity Weight in Tolas1. Gokhroos 2 252. 'Churian' 8 403. Bangle 8 54. Other Bangles 12 75. Phul-Churian 2 56. Lacche 2 67. Pocchian 2 68, Janjeer 1 169. Necklace 1 910. Other type Necklace 1 1011. Chain I 312. Small Necklace 2 313. Lammi 1 614. Chhote Kare 2 315. Children's Necklaces 6 716. Kanon-ke-Magar 2 517. Chain of wrist watch 1 218. Buttons 4 319. Studds 2 120. Finger rings 2 221. Bittion-ke-Har 1 3022. Pound-ke-Har 1 2023. Separate Pounds - 1024. Sets of ear rings 3Total 250Tolas(ii) In addition to above mentioned articles, 250 Tolas of Goldornaments/jewellery were also lying in the Box containing some brokenitems and some concrete items of gold ornaments/jewellery, Sone-ka-pasa, weighing 25 Tolas, bangles weighing 30 tolas, Kare 13 Tolasand Bangles of 14 Tolas with 20 Bitties.......... 200 Tolas(iii) Other miscellaneous items of Gold ornaments 50 TolasTotal 500 Tolas(3) --

(3.) In paragraph 4 it is stated that after depositing the sealed boxcontaining the aforesaid jewellery/gold ornaments father of the plaintiff came to Simla Hills in July, 1947 on a visit and stayed there for amonth. In the meantime the communal disturbances took placeand consequently said Rai Sahib Mool Chand could not return toPeshawar to collect his paraphernalia/belongings lying in the paratialbungalow situated at No. 5 Kitchner Lane, Peshawar Cantt includingthe safe deposit box deposited with the then The Punjab NationalBank Ltd., Peshawar Cantt Branch, Peshawar.