Judgement

SHELAT, J. : This appeal by certificate is directed against the judgment and degree passed by the High Court of Allahabad reversing the judgment and decree passed by the Civil Judge, Allahabad, directing the respondents to pay to the appellant Rs. 18,142 and costs.

2. Two questions arise in this appeal : viz., (1) whether the first respondents pledged certain quantity of aeroscrapes purchased by him from military authorities at Bamrauli Depot, Allahabad, and delivered possession thereof to the appellant under an agreement of pledge entered into between them, and (2) whether the appellant was entitled to any relief when his case was that the first respondent never delivered to him the said goods and the said agreement never ripened into a pledge.

3. On January 10, 1946 the appellant advanced us. 20,000 to the first respondent against a promissory note and a receipt. The first respondent also executed an agreement whereby he agreed to pledge as security for the debt the said aeroscrapes and to deliver them at the appellant s house and keep them there in his custody. The appellant s case, however, was that the first respondent failed deliver the said goods to him, stored them a