Judgment

N. H. BHAGWATI J. : This appeal with a certificate of fitness under S. 110 of the Code of Civil Procedure raises an important question as to the rights and remedies of a bailor in the event of non-delivery of the goods by the bailee.

2. The appellants carried on business in partnership in the firm name and style of "Ishwarsing Dhiansingh" and were the owners of two motor trucks, one bearing No. AWB 230 (V-8 Ford 1938 Model) and the other earring No. AWB 253 (Oldsmobile Model 1938). On May 4, 1942, the appellants entered into an agreement for the hiring out of these trucks to the respondent for imparting tuition to the military personnel. Rs. 17 per day per truck was stipulate as the hire and the agreement was terminable on one month s notice by either side.

3. Pursuant to the said agreement truck No. AWB 230 was handed over to the respondent on April 29, 1942, and truck No. AWB 253 was given on May 4, 1942. The respondent used truck No. AWB 230 from April 29, 1942, to July 31, 1942, excepting the period from June 4, 1942, to June 9, 1942, and truck No. AWB 253 from May 4 1942, to July 31, 1942, accepting the period from June 1, 1942, to June 9, 1942. On 29-6-1942, the respond