SHEODHAR PRASAD NARAIN SINGH Vs. DURGESHWARI DEVI

JUDGEMENT

(1.) This is an appeal by the plaintiff against the judgment of reversal. The respondents have not appeared. Appellant Sheodhar Prasad Narain Singh brought the suit for recovery of Rs. 5,000/ - as damages in the following circumstances.

(2.) The plaintiffs had secured a permit to ply Bus on Siwan Raghunathpur Road. Permit was granted in joint name of the plaintiff and the defendant. Both the parties had made equal investment. The Bus plied from 1958 to 1966 as per agreement (Ext. -4) entered into between the plaintiff and the defendant. The defendant was to ply the Bus and pay Rs. 100/ - per month profit to the plaintiff. The other liability like repairs, etc. was responsibility of the defendants. It was further stipulated that in case of breach of contract, the defendant would be liable to pay Rs. 5,000/ - as damages.

(3.) The defendant stopped plying the Bus from 8.2.1975. It is alleged that in breach of agreement, the defendant started plying another Bus 'BRF -2675' and so the plaintiff claimed damages for, the breach of the agreement. The defendant plea was that the Bus was taken in joint name but the Bus was damaged in 1972 and it was sufrendered in 1972. The joint permit was not utilised for plying the Bus. It is alleged that the plaintiff is also running Bus No. BRD -215 from 1975 and is not entitled for damages.