SHYAM KUMAR VERMA Vs. S P MISRA

JUDGEMENT

(1.) This is an application under Sec, 25 of the Provincial Small Cause Courts Act. It came up for hearing first before Mr. Justice Gurtu but he felt it desirable that it should be heard by a Division Bench. It has consequently come up before us.

(2.) The applicant and the opposite parties entered into an agreement on 1-8-1950 which provided as follows : "We the undersigned have this day taken a brand new Hind gents cycle complete with Dunlop tyres and tubes, Dunlop saddle, original fittings, back carrier, bell and gear cover on hire at Rs. 12/8 per month from the Alliance Agencies, Lucknow. It has been agreed as follows : 1. That the hirers will pay the hire in advance within the first week of each month. 2. That if the hire is paid regularly without any break for a period of 12 months, and when a total sum of Rs. 148/- has been paid, the amount of hire paid will be treated as sale money, and the hirer No. 1 will automatically become the owner of the bicycle."

(3.) In pursuance of the agreement the opposite parties took the cycle and thereafter paid a sum of Rs. 72/8/- in instalments. He then stopped payment and the applicant sued to recover Rs. 272/4/as hire money for 23 months.