NOOR MOHAMAD Vs. SONU MISTRI

JUDGEMENT

(1.) The defendants-respondents hired 12 lights and a kila from the plaintiffs for the purpose of illuminating a marriage procession of two members of the defendants family.

(2.) In the course of the procession three of these lights and the kila were destroyed or damaged by rioters who attempted to stop the procession. In the course of the riot the police took charge of these three damaged lights and the kila. The plaintiffs were subsequently asked by the police to take these damaged articles but refused to do so. The other nine lights were undamaged and are in the possession of the defendants. The plaintiffs claimed compensation for all the lights and the kila. The Court of appeal below has awarded them compensation for the nine lights which are at present in the defendants possession but has refused compensation for the three lights and the kila which were damaged by the rioters.

(3.) The Court below has found that the contract between the parties provided that the defendants should be liable for damage to the articles hired but has construed this term in the contract as exempting the defendants from liability for loss or damage occasioned by third parties. There is no term in the contract expressly absolving the defendants from liability for damage caused by third parties; nor is there anything in the contract from which it can be inferred that such an exemption was intended by the parties.