SUGAN CHAND Vs. HARI BUX

JUDGEMENT

(1.) THIS is a defendant's appeal in a suit for recovery of 110 mds. 6 sesrs 12 ch. barley or in the alternative Rs. 1430/- with costs which was decreed by the Senior Civil Judge, Kishangarh.

(2.) THE case of Hari Bux plaintiff in the plaint was that he and Sugan Chand defendant were friends, that a suit for recovery of money had been brought against him by one Babu Chhipa in Svt. 1984 which was expected to be decreed and he deposited 110 mds. 6 seers. 12 ch. grain belonging to him with the defendant in his godown with a view to prevent it from being taken in execution of the decree which was expected to be passed against him, that he asked the defendant on 29th April, 1950 to return the grain but he refused to do so and consequently he brought this present suit. In the written statement the defendant denied the allegation of the plaintiff. In the alternative he pleaded that even if the plaintiff did deposit grain with him as alleged he did so for defeating his creditors and he was not entitled to a decree. THE learned Civil Judge found that the plaintiff did deposit 110 mds. 6 seers 12 ch. with the defendant. He held that sec. 23 of the Contract Act was not applicable to the present case and the plaintiff was entitled to a decree. He decreed the suit for the price of the grain at 3 seers a rupee. Against this decree the present appeal has been filed.