TENDOLKAR
Quazi Azimuddin Quazi Ali – Appellant
Versus
Hercules Insurance Co. Ltd. – Respondent
TENDOLKAR, J. :- This is a claim against an insurance company for loss arising out of fire. The suit was originally filed by one Kazi Ali who died ponding the suit and his heirs and legal representatives have been brought on record subsequently as plaintiffS.Kazi Ali was carrying on business as a carting and transporting agent. It was his case that one Ebrahim Coka another person by name Sopher, and a firm called Abdul Satar and Co. engaged him to transport certain bales of cloth and yarn from Bombay to Shrivardhan in Janjira State. Owing to certain circumstances, into the details of which it is unnecessary to go 181 bales out of these bales, which were originally intended for export from Janjira, could not be exported, and they had to be brought back and stored at a place called Khandpale where Kazi Ali used to reside. These goods arrived at Khandpale in the month of May 1944. It is the plaintiffs case that Kazi Ali built a godown in or about, the month of November 1945 and stored these 181 bales in the said godown. On 29-11-1945, Kazi Ali took out a policy of fire insurance from the defendants in respect of the said 181 bales for a sum of Rs.4,90,000 and of the building
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