BIHARILAL KUNJILAL Vs. MT. ANJIRABAI

JUDGEMENT

(1.) THIS appeal arises out of a suit for damages for wrongful attachment of the tonga and pony of the plaintiff-respondent in execution of the decree obtained against the plaintiff's husband by the defendant-appellant.

(2.) THERE is a concurrent finding of the two lower Courts that the tonga belongs to the plaintiff and the earned Counsel for the defendant-appellant has shown no good ground for interfering with that finding.

(3.) THIS Privy Council case was followed in Assan Mahomed v. S.M. Kadersa Rowther A.I.R. 1924 Rang. 302 wherein A had brought a suit against B and obtained an order for the attachment before judgment of goods belonging to c, and it was held that this was a case in which a trespass to the goods having been committed by A, o had a cause of action against A and was entitled to recover from him damages without proving either an absence of reasonable and probable cause or malice in fact.