- (1.) THIS judgment disposes of two second appeals, namely, second appeal No. 774 of 1948, and second appeal No. 584 of 1948. Both the second appeals arise out of a common judgment. The circumstances in which these second appeals arise are briefly given below;
(2.) IT would appear that on 2-6-1941, the plaintiff in this case viz. the Central Finance and housing Company Limited entered into an agreement with defendants 1 and 2 regarding a bus. Defendant 1 is Babu Singh and defendant 2 is Sardar Singh. Babu Singh and Sardar Singh are styled as 'hirers' in this agreement. Defendant 3 is Bhupal Singh and he signed the agreement as a guarantor. Babu Singh and Sardar Singh are the persons to whom the bus is stated to have been hired under the said agreement and the agreement itself js described as a hire purchase agreement. Under the said agreement Babu Singh and Sardar Singly the alleged hirers of the bus, were liable to pay the hire of the bus by twelve instalments starting on. 1-7-1941 and ending on 1-6-1942. The total amount of the instalments to be paid by the hirers was Rs. 1320/ -. One of the conditions of the said agreement was that if the hirers made any default in the payment of any of the instalments, it would be open to the Central Finance and Housing Company Limited to terminate the agreement and to take possession of the bus.
(3.) THE present suit was brought by the Central Finance and Housing Company Limited as plaintiff on the allegation that there was a default on the part of the hirers in the payment of instalments and, accordingly, the plaintiff terminated the said agreement by means of a letter dated 18-3-1942. The plaintiff, therefore, filed the suit out of which this second appeal arises praying for a decree of Rs. 560/- with 'pendente lite' and future interest against defendants 1 to 3. This amount represented the amount of unpaid instalments which had already fallen due, the interest on the said instalments and some other expenses which the plaintiff had incurred in this connection upto 18-3-1942, the date of the termination of the agreement. It was further alleged by the plaintiff that defendant 1 parted with the bus in favour of defendant 4 viz. the British transport Company Limited, which was running the bus on hire and was liable along with other defendants for damages for withholding the said bus upto the date of the suit. These damages were assessed by the plaintiff at Rs. 740/- and he claimed a decree against all the four defendants in respect of this amount. Further the plaintiff claimed a decree for possession of the bus valued at Rs. 1000/- against all the defendants in his favour. The plaintiff also claimed future profits at the rate of Rs. 100/- per month against the aforesaid defendants and stated that the Court-fee on the same shall be paid in the execution department.;