NAVKIRAN COLD STORAGE PVT LTD Vs. GURPREET SINGH

JUDGEMENT

(1.) THIS appeal is preferred by the appellants/plaintiffs M/s Navkiran Cold Storage Private Limited, Nakodar against the judgment and decree dated 16.03.2011 passed by the Court of learned Additional Civil Judge (Senior Division), Nakodar vide which the suit filed by the plaintiffs for the recovery was dismissed with costs and judgment and decree dated 20.03.2012 passed by the learned District Judge, Jalandhar vide which appeal filed by the plaintiffs against the abovesaid judgment and decree of the learned trial Court was also dismissed.

(2.) THE case of the appellants/plaintiffs before the learned trial Court in nutshell was that the plaintiff was a cold storage firm and Resham Singh was its Managing Director. Defendant who was a customer of the plaintiff -firm used to store his potatoes on rent with the plaintiff -firm. He stored 925 bags of potatoes with the appellants/plaintiffs on rent in the year 2004 at the rate of Rs. 40/ - per bag. Further he also stored 800 bags of potatoes with the appellants/plaintiff in the month of March 2005 at the rate of Rs. 45/ - per bag. He assured the appellants/plaintiffs to pay the entire amount of rent after selling the potatoes in open market without paying any rent in advance. With this assurance, he got all the stored bags of potatoes from the plaintiff -firm, but did not pay any rent despite repeated requests of plaintiffs, which necessitated to file the suit.

(3.) UPON notice respondent/defendant appeared and filed written statement by taking preliminary objections qua the maintainability of the suit, concealment of facts, limitation, locus standi etc. etc. He also took the plea that he is a small land owner and never stored any potatoes with the appellants/plaintiffs. He denied his liability to pay any amount to the appellants/plaintiffs. Record of the appellants/plaintiffs -firm was also stated to be bogus.