GANGA SARAN 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 defen dants are co-owners of a shop, the share of the plaintiff being one half. THE shop needed some urgent repairs. THE plain tiff 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 re pairs 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 ex penditure of Rs. 506/7/9. THEse facts are no longer in dispute. THE plaintiff claim ed 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 plain tiff has been decreed.

(3.) EVEN if Section 70 of the Con tract Act were not applicable to the situation the plaintiff would still be en titled to a decree against the defendants on the basis of the principle of contribu tion. That principle would clearly support a claim of the kind that the plain tiff has made and would cast an obliga tion on the defendants to recompense the plaintiff in proportion to their in terest in the property which has been saved from a danger and which has benefited by the repairs effected by the ;plaintiff.