P T SAMARAJ Vs. KUPPUSWAMY
HIGH COURT OF KARNATAKA
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(1.)This is a revision petition preferred by the petitioner-plaintiff against the Judgment of the learned Subordinate Judge, Civil Station, Bangalore, in S. C. No. 52 of 52-53 dismissing his suit filed against the respondent.
(2.)The facts that have given rise to this petition are briefly as under : The petitioner was the plaintiff and the respondent the defendant in the lower Court. The plaintiff is a Cycle Shop owner having his place of business in Cavalry Road, Civil Station, Bangalore. The defendant is a merchant residing in the same area. On 3-12-51 the defendant hired from the plaintiff a Hercules Bicycle bearing No. J. 6956 with other accessories attached to it. The defendant took delivery of the bicycle but he failed to return the same or to pay the hire. When demanded the defendant said that he had lost the bicycle whereupon the plaintiff filed the present suit claiming in all Rs. 390 towards the price of the bicycle and the hire due to the plaintiff from 3-12-51 up to the date of suit.
(3.)The defendant admitted having hired the bicycle from the plaintiff but he contended that after having taken the bicycle he went to the Court leaving the bicycle in the cycle stand, in the custody of the Contractor in charge of the stand, that after returning he found the cycle missing and could not trace it in spite of serious attempts in that behalf, that he took all the care that a prudent man would take under the circumstances and that he cannot be held liable for the value of the bicycle. He further contended that the loss of bicycle was due to circumstances beyond his control, that the value claimed in the suit was excessive and that the suit was liable to be dismissed.
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