JINDAL COMMERCIAL COLLEGE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is plaintiff's second appeal.

(2.) PLAINTIFF had filed a suit for recovery of Rs. 1435/ plus Rs. 90.00 i. e. Rs. 1525.00begin the hire charges of Remington typewriter for the period from 21. 11. 1972 to 30:4. 1976 and also suit for mandatory injunction to the effect that the defendant be ordered to hand over the said typewriter in an up to date running condition as per condition of supply. According to to the plaintiff, it gave one Remington typewriter to the Executive Engineer, Public Works Department (Building and Roads), Division No. 2, Bhatinda, on hire on 21. 11. 1972. To start with, the hire charges were settled at Rs. 30.00 per month. Subsequently, with effect from 1. 10. 1974, these charges were enhanced to Rs. 45/ -. per month. Further according to the plaintiff, typewriter was stolen from the custody of the hirer. But shortly, thereafter, it was found and, recovered. No amount whatsoever on account of the hire charges has been paid to the plaintiff and also the typewriter has not been returned to it. Hence, the suit.

(3.) ON the pleadings of the parties, the following issues were framed by the trial Court :