An insured must prove the factum of loss or damage to be entitled to compensation under a burglary insurance policy.

P.K.Deb, J.

1. This appeal has been preferred by the above-named plaintiff-appellant against the judgment and decree dated 13.5.1986 passed by the then 2nd Additional Subordinate Judge. Jamshedpur, in Money Suit No. 84/3 of 1979-86 by which the plaintiffs suit for realisation of Rs. 19,547.78 paise being the price of materials detailed in the Schedule of the plaint insured by the plaintiff with the defendant New India Assurance Co. Ltd., together with interest pendente lite and future and cost had been dismissed.

2. The plaintiff-appellant is a partnership firm which undertook some contract work of the Tisco Ltd. at Jamshedpur between the period from August, 1975 till October, 1977. According to the plaintiff, several materials including tools, welding machine required in the aforesaid contract job were kept inside the factory area of the Tisco Ltd. The plaintiff then made a proposal for insuring his materials, tools and machines etc., before the defendant Insurance Company. Such proposal was accepted and was issued of a policy being policy No. 536950113 dated 4.12.1976. As per the terms of the policy, the defendant agreed that if the property described in the policy or part thereof was lost or destroyed or damaged by theft or otherwise, the defendant would make good of the loss to the intrinsic value of the property so lost. The total sum assured was Rs. 20,000.00 . The premium was also paid to the defendant on 4.12.1976. According to the plaintiff, in the night of 2.9.1979, all the materials, tools and also the welding machine were removed by unknown thieves. The plaintiffs partner Karamchand lodged information with the police on the basis of which investigation was done but eventually the police closed investigation stating that the case was true but no clue was there. Information was also made to the. Divisional Manager of the defendant-Company at Jamshedpur and a list of stolen articles were given to him. The plaintiff also submitted claim to the defendant Company for the loss suffered to the tune of Rs. 19,547.78 paise. The defendant Company deputed Surveyor to survey and assess the loss suffered by the plaintiff and then by letter dated 11.11.1978 repudiated the claim of the plaintiff on the ground that, the claim of the plaintiff was against the terms of the policy and while giving informations, the plaintiff firm played trick and fraud in giving false information, on the basis of which the policy was procured from the defendant Company. It was also mentioned that the fact of theft as alleged from the side of the plaintiff was not at all true. As the plaintiffs claims were repudiated, the present suit was filed for realisation of the amount together with interest, pendente lite and future and also the cost of the suit.

3. By filing written statement on 28.11.1980, the defendant contested the suit. In the pleadings, the defendant specifically denied that the plaintiff had got any godown wherein tools, building machines and materials were being kept. It was also denied that even if those tools etc., were being kept inside the factory area of Tisco Ltd. then such theft or loss ought to have been to the knowledge of the Tiscos Personnel but on enquiry it could be found that the Tisco had never been informed or recorded any such theft by the plaintiff Company. The Surveyor arid the Assessor made all attempts to verify the fact of theft and the loss allegedly caused to the plaintiff from all corners, namely, the plaintiffs partner, Tisco Personnel and the Police authorities wherein the information was lodged but such enquiry revealed that no loss was suffered and even if it was suffered, the policy conditions did provide for any redressal of the grievance of the plaintiff when the plaintiff Company did not abide by the conditions mentioned in the policy and that false informations were supplied by the plaintiff while procuring the policy.

4. On the pleadings of the parties, following issues were framed after re-casti