RAM NARAIN Vs. RAM SWARUP

JUDGEMENT

(1.) This is an application in revision against an order dated the 9th May 1959 of the learned Second Additional Civil Judge, Agra.

(2.) The applicant brought suit No. 69 of 1957 in the court of the Second Additional Civil Judge, Agra, on the allegations that he was the owner of a Mercedez-Benz truck which he transferred to the defendants under a hire-purchase agreement which provided for the payment of the price in 12 instalments of Rs. 1,900/- each. Only five instalments were paid. In default the plaintiff was entitled to take back the truck, and by mutual agreement the truck was taken back by the plaintiff on the 10th April 1957. The plaintiff claimed a declaration that he was the owner and in rightful possession of the truck and for the recovery of the unpaid instalments.

(3.) The defendants to the above suit (the opposite parties) brought suit No. 48 of 1958 in the same court on the allegations that they had purchased the truck from the defendant i.e., the applicant) and had become owners thereof and it was wrongfully removed by the defendant from their possession on the 10th April 1957. The opposite parties claimed a declaration that they were the owners of the truck and damages for alleged removal of tyres etc. and further claimed Rs. 17,250/-as damages suffered by them.