K.P.VISALAKSHY Vs. N.J.CHATHU

JUDGEMENT

(1.) Defeated plaintiff in O.S No.444 of 1990 before the Court of Subordinate Judge, Kozhikode, is the appellant. Suit is one for realization of money.

(2.) Brief averments in the pleadings are as follows : Plaintiff purchased a pickup van bearing registration No.KRD 6311 for an amount of Rs. 46,500.00 from one Haridasan by virtue of an agreement dated 17-09-1984. She was in possession of the vehicle as per the terms of the agreement. After executing an agreement dated 03-09-1984, the plaintiff took M/s.Kerala Food Packers, an ice factory owned by the first defendant, on a lease. Van was purchased for transportation of ice from the factory to the consumers. Plaintiff had run the ice factory till 03-09-1986. It was surrendered to the first defendant on 04-09-1986. An amount of Rs. 11,288.00 was due from the plaintiff to the first defendant on the date of surrender of factory. On settlement of accounts, the amount was ascertained and the defendant had granted time to the plaintiff to remit the amount. While so, the pick up van mentioned above was leased out by the plaintiff to the defendants on a daily rent of Rs. 100.00 on condition that the profit earned would be adjusted towards the liability of the plaintiff. It is the allegation that on surrendering vacant possession of the factory, the defendants agreed to surrender possession of the van as and when required by the plaintiff along with balance rent, if any. Since the defendants failed to perform their obligations, the suit was filed.

(3.) The defendants admitted that ice factory was rented out to the plaintiff. Surrender of the factory on 04-09-1986 is also an admitted fact. The defendants admitted that the pickup van belonging to the plaintiff was handed over to them at the time of surrender of the factory. However, they would contend that the van was given to them as a security for repayment of money owed by the plaintiff to the defendants. According to the defendants' counter claim, an amount of Rs. 18,533.72.00 was to be paid by the plaintiff towards arrears of rent. Further, he is liable to pay an amount of Rs. 5,762.55.00 towards electricity charge and telephone charge. Therefore, a total sum of Rs. 24,296.27/- was claimed by the defendants.