JUDGMENT

M.K. Chawla, J-Shri Ravish Khanna and his father Rajinder Nath Khanna are the residents of Moradabad (U.P.). They were running their business in the name and style of Sunbeam Exports at Railway Road, Moradabad of in connection with their business, they used to visit Delhi quite often. They had taken flat No. 22, Sunder Nagar Market, New Delhi, on rent for their stay during their business visits. They had engaged Shri Nathu, aged about 35/40 years as the servant for their Delhi establishment. He was 'Caretaker of the flat in their absence.

2. On 31st May, 1982, Ravish Khanna came to Delhi at about 8 p.m. and found the outer/staircase door locked He searched for his servant Nathu. He also made enquiries from the neighbours who informed him that they had not seen Nathu for the last 4/5 days. Consequently, he telephoned his father at Moradabad to enquire about the keys of the flat. Rajinder Nath Khanna informed that the keys were left with Nathu and he (Ravish Khanna) .

should search for Nathu. In case he .is not found Ravish should- break open the lock. On being' informed about the missing of Nathu, Rajinder Nath Khanna left for Delhi.

After waiting for sometime and finding n