HARNEK SINGH Vs. BALDEV SINGH AND OTHERS

JUDGEMENT

(1.) This Regular Second Appeal is directed against judgment and decree dated 14.05.1990 passed by the Court of learned Additional District Judge, Patiala whereby appeal filed by the plaintiff-appellant against the judgment and decree dated 24.10.1989 passed by the learned Sub Judge, Ist Class, Rajpura was dismissed. For convenience sake, hereinafter, reference to parties is being made as per their status in civil suit.

(2.) The detailed facts are already recapitulated in the judgments of the Courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that plaintiff Harnek Singh and defendants Baldev Singh, Jagdish Singh and Gurdeep Singh are real brothers. They had purchased tractor No.PUV-5478 along with a trolly, thresher and harrow jointly by raising loan from the State Bank of Patiala in July, 1975. The plaintiff is owner to the extent of 1/4th share in the tractor and other implements. The loan taken from the Bank has already been repaid. However, the defendants were not allowing the plaintiff to use the tractor and other implements since January, 1986, thereby, depriving the plaintiff of monthly income of Rs. 2,000/- by giving the tractor on rent. As such the plaintiff was entitled to get Rs. 500/- per month from the defendants. The said payment has not been made despite request and, as such, the necessity of suit for rendition of accounts or earnings of tractor No. PUV-5478 along with its attachments.

(3.) The defendants filed the written statement admitting the fact that the tractor-trolly had been purchased jointly by all the brothers after taking a loan from the Bank. The said loan has already been repaid.