RABINDRA NATH DUTTA Vs. MONI MOHAN GHOSE

JUDGEMENT

(1.) The plaintiff-respondent filed a suit for realisation of charges for hiring a carriage which had been let out by him to the defendant including damages on the ground of refusal to deliver back the carriage and also for compensation for the value of the carriage.

(2.) On behalf of the defendant, it was contended that the carriage did not belong to the plaintiff, that the defendant had paid at least a part of the claim, the plaintiff was not entitled to any damages on the allegation of non-delivery of the carriage as the defendant had previously offered to deliver the carriage but that the plaintiff had refused to take delivery. As regards the value of the carriage it was contended that, the defendant having offered to deliver the carriage and such offer having been refused the plaintiff was not entitled to any compensation on this count. In any view the claim wag exorbitant.

(3.) The learned Munsif decreed the suit in part. The title to the carriage was found in favour of the plaintiff. As regards the hire charges the claim was allowed in part. The story about the defendant's offer to the plaintiff to give back the carriage was disbelieved and Rs. 200 was allowed as compensation under this head. The plaintiff was entitled to the value of the carriage if the defendant did not deliver back the carriage within a certain stated date.