BHUTI Vs. BHANWARLAL

JUDGEMENT

(1.) THIS is an application in revision by Mst. Bhuti against the order of the learned Sessions Judge, Bikaner in ordering delivery of an ingot of gold weighing 55/1/4 tolas to Bhanwarlal opposite party.

(2.) BRIEFLY the facts giving rise to these proceedings are that a theft took place in one of the rooms of the petitioner's house, situate in the city of Bikaner during her absence. On her return from Calcutta on 10th September, 1960 when she opened the room, she found that all the ornaments which she had kept in an almirah had been stolen. The matter was reported to the police on 12th September, 1960 and a list of the stolen property was also submitted along with the report. Excepting the room from which ornaments had been stolen the remaining portion of the house was in possession of Madhodass as a tenant. Madhodass was suspected of having committed theft and so he was arrested and on his information two gold Naths were recovered from his possession. Madhodass also gave information to the police with regard to the disposal of other ornaments and in consequence of that information the police recovered one gold surliya patti from one Shikharchand and pieces of melted gold from other persons to whom Madhodass had sold gold ornaments in his own name as well as under false names. The number of such persons from whom ingots of gold were recovered was 15, one of whom was Bhanwarlal opposite party representing firm Nathmal Tarachand.

(3.) THE result is that this revision application is allowed, order of the learned Sessions Judge as regards restoration of gold ingot to Bhanwarlal is set aside and that of the trial Magistrate is restored. THE gold ingot shall be delivered to the petitioner Mst. Bhuti provided she furnishes adequate security to the satisfaction of the trial Magistrate that in case Bhanwarlal opposite party is held to be entitled to this property as its owner by a competent court, she would return the same ingot weighing 55/1/4 tolas or 45 tolas of pure gold or its equivalent price i. e. Rs. 6500/-to him. .