BANSHI Vs. GOVERDHAN

JUDGEMENT

(1.) This is a second appeal by the plaintiff arising out of a suit for recovery of a sum of Rs 1,090/- as hire charges of a cycle,

(2.) The plaintiff rung a shop known as 'Durga Cycle Store at Pandariya, teh-sil Mungali, district Bilaspur. On 4-4-1961, the defendant took a cycle on hire from the plaintiff agreeing to pay hire charges at the rate of Re. 1/- per day. The cycle was to be returned to the plaintiff by 27-7-1961. As the defendant failed to return the cycle, the plaintiff obtained a decree for Rs. 90/- on account of hire charges in the Nyaya Panchayat.

(3.) The case of the plaintiff is that after the decision of the Nyaya Panchayat the defendant neither returned the cycle nor paid the hire charges to the plaintiff. On 1-4-1962, the plaintiff asked the defendant to pay the decretal amount and the hire charges. The defendant promised to pay the whole amount and agreed to keep the cycle with him on hire at the rate of Re. 1/- per day. As the defendant did not return the cycle and pay the hire charges, the plaintiff filed this suit claiming hire charges amounting to Rs. 1,090/-for the period from 303- 1962 to 29-3-1965.