NEW INDIA ASSURANCE COMPANY LIMITED Vs. NATIONAL RUBBER

JUDGEMENT

(1.) Heard learned counsel for the parties and have gone through the records of this case.

(2.) Brief facts giving rise to this case are that respondent 1 (hereinafter referred to as plaintiff) filed a suit for Rs. 1.50 lakhs, in the Court of District Judge, Jammu, wherein along with the appellant, State of Jammu and Kashmir were arrayed as pro forma defendant. Case of the plaintiff was that it is running an Industrial Unit in Shed No. 19, Industrial Estate, Digiana, Jammu, and was engaged in manufacturing of Rubber Products. Plaintiff further claimed that it was a lessee in respect of the Shed in question from pro forma defendant. Parties are not at variance that Policy of Insurance under No. 11446 was purchased by the plaintiff from defendant No. 1- appellant, against fire cover and was valid for the period 19-5-1991 to 18-5-1992. It is also not in controversy that fire broke out on 14-5-1992, when this policy was in force.

(3.) Another factor on which parties are one, is that a lease-deed came to be executed between the plaintiff and pro forma defendant on 12-10-1992 (Annexure P/3 with the appeal). This clearly indicates that this lease deed is subsequent to the period, when the policy was in force and, according to learned counsel for the plaintiff, it was only after re-construction of the Shed by the plaintiff.