JASBIR SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) Defendants Jaspal Singh etc. are in second appeal.

(2.) Suit was filed by Hari Singh Plaintiff (since deceased and represented by Respondents as his legal representatives) against the Appellants for recovery of Rs. 5,76,000/-.

(3.) Plaintiff alleged that he is owner of Mini Bus No. PB-02-C-9719, also having route permit in his name. He used to earn Rs. 1,000/-per day by plying the said bus. However on 06.05.2000 at about 8pm while Plaintiff's son Jaspal Singh was plying the bus and Plaintiff's daughter Sarabjit Kaur was also travelling in the bus and other persons were also there, the Defendants forcibly took the bus from them near T point Taran Taran after beating the Plaintiff and his son. The Defendants refused to return the bus. The Defendants themselves operated the bus on different routes. On 03.02.2002, FIR was registered against the Defendants. On 12.03.2002, the bus was recovered by the police from Defendants' relative Hari Singh. The Plaintiff took the bus on Supurdari. Defendants remained in illegal possession of the bus from 06.05.2000 till 12.03.2002 and plied the same and earned Rs. 1,500/-per day. The Plaintiff, however, claimed mesne profits for use and occupation of the bus by the Defendants @ 1,000/-per day only. The Plaintiff accordingly sought recovery of Rs. 5,76,000/-.