HIMMAT RAM Vs. LALCHAND

JUDGEMENT

(1.) THIS is a first appeal by the plaintiff in a suit for recovery of damages for breach of contract.

(2.) THE appellant sued the respondent in the court of Thikana Auwa on 19th July, 1946, on the allegations that, under a contract dated Baisakh Sudi 12 St. 2001, the defendant had taken four bars of silver Nos. 476, 462, 40, and 3023 weighing in all 11610 9/16 tolas on Baisakh Sudi 15th St. 2001, and deposited by way of security Rs. 15209/14/6 the price thereof at the rate of Rs. 131/- per hundred tolas, and it was stipulated between the parties that the defendant would redeliver the aforesaid four bars of silver on Jeth Badi 5th St. 2002, and in the meantime the defendant would pay to the plaintiff Rs. 200/- per month for the use of the silver bars. It was alleged that the defendant had paid Rs. 1200/- for the use of the bars for six months, but had stopped further payment and did not return the bars as stipulated. THE plaintiff claimed Rs. 1600/- for the use of the bars for the period in excess of six months, and also Rs. 8000/- by way of damages at the rate of Rs. 69/- per hundred tolas for non-return of the bars on the due date.