MASSEYS (1930), LIMITED Vs. CRKRISHNASWAMI AIYAR

JUDGEMENT

(1.) This is an appeal from a judgment of Stone, J. The appellant-plaintiffs Messrs. Masseys, Limited sued the respondent-defendant under an agreement, dated the 30 September, 1932 claiming in pursuance of that agreement the delivery of possession of some machinery set out in the plaint schedule or in lieu of it the value of the machinery viz., Rs. 2,500, and the sum of Rs. 1,298-36. The way in which the latter sum is claimed appears from paragraph 11 of the plaint but in order to better understand what the plaintiffs claim is, I will set out in full paragraph 9 in the plaint : That paragraph 9 reads as follows: On account of the defendant's persistent defaults in spite of requests and concessions made to him the plaintiffs have by letter, dated 3 October, 1933 called upon the defendant to pay the arrears then accrued due and in default determined the hire purchase agreement calling upon the defendant to deliver possession of the machinery and to pay all arrears of hire and subsequent damages for non-delivery of the machinery at the same rate of hire agreed upon between the plaintiffs and the defendant in the agreement.

(2.) This paragraph clearly indicates that the hiring had been determined and that the defendant had been called upon to deliver up possession of the machinery and at the same time to pay all arrears of hire due at that date and subsequent damages for non-delivery of the machinery, those damages to be assessed at the same rate of hire agreed upon between the parties in the hiring agreement. Paragraph 10 states that the defendant failed and neglected to pay any of the arrears in spite of requests and that the plaintiffs are entitled to recover possession of the machinery or its value Rs. 2,500. Then comes paragraph 11 which has been the cause of the trouble in this case. It reads as follows: The plaintiffs are also entitled to recover the sum of Rs. 1,298-3-6 being arrears of hire and interest thereupon up to date of plaintf.

(3.) Then follows paragraph 12: The plaintiffs are also entitled to recover damages for use and detention of the machinery after determination. Such damage the plaintiffs assess at the same rate of hire per month as agreed to in the hire purchase agreement and the defendant is bound to pay such hire or at such rate as the Court thinks fit as damages from the date of determination Lo date of delivery of possession of the machinery.