MITHU LAL SONI Vs. RAMLAL SONI

JUDGEMENT

(1.) 1. The petitioner instituted a suit against respondent No. 1 for eviction and recovery of rent which was registered as C.S. No. 47-A/99. The suit was decreed on 11.1.2000 by the Court of Additional Civil Judge Class-I, Rewa and a decree for Rs. 11,558.90 paise was passed in favour of the petitioner against the respondent No. 1. The decree was put into execution and the belongings of respondent No. 1 were attached by the Court on 21.6.2001 which included a full size T.V. of E.C. Company, an Atlas cycle, one H.M.T. Sona wrist watch, one wall clock, a full size cooler, one wooden counter and one ceiling fan. These items are mentioned in the seizure memo contained in Annexure P-2. The total cost was estimated at Rs. 12,000/- and the items were handed over on Supurdaginama contained in Annexure P-3 on the condition that he shall have to produce the same whenever, directed and in case of failure the estimated cost would be recovered from him.

(2.) ON 17.12.2002 the respondent No. 2 informed the Court vide application under section 151 of the Civil Procedure Code that the goods kept by him have been damaged with the passage of time. He claimed Rs. 100/- towards freight for bringing the items to the Court and further claimed the rent for the period during which his room was occupied by the goods. The goods were auctioned which fetched merely Rs. 600/-. The petitioner submitted an application that the respondent No. 2 has changed the goods and the decretal amount is liable to be recovered from him. This application has been dismissed by the learned trial Court vide order dated 17.2.2003 contained in Annexure P-7 against which this petition has been preferred.

(3.) CONSIDERED the submissions and perused the record.