RATANLAL BHANNALAL MAHAJAN Vs. BABOOLAL HAJARILAL JAIN

JUDGEMENT

(1.) This is a plaintiff's second appeal. His suit was for recovery of Rs. 898-2-0 as damages for loss caused to his salt-bags by the wrongful act of trespass upon the premises in possession as a sub-tenant. The alleged act of trespass is said to have occurred on 14-8-1948 and consequent the loss to the goods within two or three days of that date. The suit was filed on 13-8-1951. The claim for damages consisted of Rs. 150/- as loss due to 10 out of 102 salt-bags having been pilfered away, Rs. 98-2-0 for the loss caused due to washing away of the salt in the remaining 92 bags due to rains, Rs. 150/- as expenses in connection with a criminal complaint filed by the plaintiff against the defendants namely his own landlord, that is the principal tenant and against the primary landlords as also against their Munim and Rs. 500/- as general damages for loss of reputation etc.

(2.) The trial court granted a decree for Rs. 548-2-0 after disallowing claim in respect of the expenses of criminal litigation Rs. 150/- and a part of the claim for general damages amounting to Rs. 200/-.

(3.) On appeal by the defendants the learned District Judge dismissed the claim in its entirety on the count of limitation although on merits he expressed the opinion that apart from the claim for Rs. 83/- for the loss due to washing away of a portion of the salt from the salt-bags the rest of the claim was untenable.