GANGA SARAN AND ORS. Vs. NARYAN DAS

JUDGEMENT

(1.) This is a defendants' second appeal arising out of a suit brought against them for the recovery of a sum of money.

(2.) The plaintiff and the defendants are co -owners of a shop, the share of the plaintiff being one half. The shop needed some urgent repairs. The plaintiff called upon the defendants to make the repairs and take from him half of the cost. In the alternative he asked the defendants to allow him to have the repairs effected and pay him half of the cost. The defendants did not carry out the repairs, and the plaintiff was compelled to have the repairs done entirely at his own cost incurring an expenditure of Rs. 506/7/9. These facts are no longer in dispute. The plaintiff claimed in the suit a sum of Rs. 249.98 Np. from the defendants, i.e. one half of the cost of repairs. The claim of the plaintiff has been decreed.

(3.) The only contention raised by the learned counsel for the appellants is that the plaintiff, being a co -owner of the house, is not entitled to recover from the defendants any portion of the amount spent by him towards the repairs of the house unless the defendants had agreed to contribute to the repairs or to reimburse the plaintiff. The contention has no merit.