KUNDANLAL Vs. SAHIBCHAND

JUDGEMENT

(1.) THIS is a plaintiff's Second appeal against the judgment and decree passed by the Addl. District Judge, Guna, in Civil First Appeal No. 177 of 1956

(2.) THE facts giving rise to this appeal may briefly be stated as follows: -On the 27th of June, 1951, the respondent -defendant mortgaged his trailor with the present appellant and his father Nardanlal for a sum of Rs. 2,500 and executed a .istered deed Ex. P. 1 in their favour. On the same day by a separate deed the defendant took the trailor on hire at Rs. 50 p. m. for a period of 8 months. The defendant did not pay rent for 42 months and hence the suit for recovery of Rs, 2,100 and for return of the trailor.

(3.) THE trial court decreed the claim for hire in the sum of Rs. 2,100, but did not pass a decree for return of the trailor. The lower appellate court held that the transaction was a pledge and that on the expiry of 8 months for which the trailor was taken on hire the plaintiff was not entitled to charge any rent. It, therefore, decreed the plaintiff's claim only to the extent of Rs. 430 with proportionate costs throughout.