SUNDER LAL Vs. KUNWAR SEN AND OTHERS

JUDGEMENT

(1.) This is an appeal against the judgment and decree passed by the Distt. Judge, Rampur. The contesting defendant respondent No. 1 obtained a money decree against one Jugal Kishore. Jugal Kishore was a licensed stamp vendor. According to the plaintiff appellant, ha was the joint licensee with Jugal Kishore. In execution of the aforesaid decree, the contesting defendant respondent No. 1 got certain stamps attached. An objection was filed by the plaintiff appellant that the stamps, which had been attached, were not the exclusive property of Jugal Kishore, and, as such, they could not be attached. This objection of the plaintiff appellant did not find favour with the executing court and his objection was dismissed. Thereafter, the plaintiff -appellant filed a suit u/O. XXI, R. 63 CPC.

(2.) The suit was dismissed by the trial court which held that the plaintiff was only an agent of Jugal Kishore and was not a co -licensee with him. The plaintiff appellant filed an appeal. The learned lower appellate court agreed with the finding of the trial court and dismissed the appeal. A legal point was taken in the lower appellate court that the stamps attached were the property of the State Govt. and, as such, they could not be attached. This legal plea was rejected on the ground that it was taken at a late stage. Being dissatisfied the plaintiff appellant has filed this appeal.

(3.) The first point for determination in this appeal is as to whether the plaintiff was an agent of Jugal Kishore or was a co -licensee with him as a stamp vendor. The plaintiff contended that he was not an agent of Jugal Kishore but was a co -licensee with him. There is an application by Jugal Kishore dated 8 -3 -1961, wherein Jugal Kishore prayed that the plaintiff appellant be made a co -licensee with him because on account of his ill -health he was not able to go to treasury every time to get stamps issued from there. The trial court and the lower appellate court held that the plaintiff was only an agent of Jugal Kishore. The original licence had been filed in this case. There is a remark in the licence which reads as below: