BALARAM Vs. MADAN GIR

JUDGEMENT

(1.) APPELLANTS/defendants have filed this appeal under Section 100, CPC against the judgment and decree dated 13. 8. 87 in Civil Appeal No. 30-B/84 passed by the learned VIth Additional District Judge Indore, confirming the judgment and decree dated 27. 4. 83 in Civil suit No. 49-B/79 passed by the learned Civil Judge, Class-II, Depalpur.

(2.) ADMITTED facts of the case are that the defendants are father and son and the plaintiff used to pledge his gold and silver ornaments to the defendant and that the plaintiff in Aasad Badi II Samvat 2031 has pledged 4 Tolas of gold and 200 Tolas of silver ornaments (40 articles in number) to the defendants for an amount of Rs. 9,888/ -. That the plaintiff had sent a registered notice dated 14. 11. 78 for the return of his ornaments and the defendant had sent a reply Of the notice.

(3.) THE case of the plaintiff is that the defendants have not returned the alleged ornaments to the plaintiff in spite of the notice dated 14. 11. 78 and as such the defendants be directed to return the ornaments or in alternative a decree be passed for the value of the ornament after deducting the amount of Rs. 9,8887- with interest.