NARPAT SINGH Vs. STATE OF RAJASTHAN & ANR

JUDGEMENT

(1.) This misc. petition is directed against the order date 17.1.1996 passed by the learned Judicial Magistrate, Desuri whereby he handed over the interim custody of Jeep No. RJ 16/C-0760 to respondent Devi Singh.

(2.) Mr. Mehta contended that the petitioner, being a registered owner of the Jeep, was entitled to have its interim custody. His submission was that there was Hire Purchase Agreement under which Jeep was handed over to respondent no. 2 on 30.5.1995 but as the respondent failed to pay the instalment, the petitioner was entitled to repossess the vehicle.

(3.) Mr. Shah, learned counsel for the respondent no. 2 on the other hand, contended that it was not a case of Hire Purchase Agreement but there was out right sale and as the vehicle was taken away forcibly from the possession of the brother of the respondent, the respondent is entitled to have its interim custody and the learned Magistrate has rightly delivered the vehicle to him.