B. N. BANERJEE, J.

( 1 ) THE plaintiff firm allege that they are dealers in motor vehicles and that they also let out motor vehicles on hire. They say that by an agreement, dated December 10, 1063, amongst the plaintiff firm as the ''owner", the defendant No. 1 as the "hirer" and the defendant No. 2 as the 'guarantor", they agreed to let and the defendant No. 1 agreed to take on hire, a Fiat 1100 motor car (being the car in suit), inter alia, on condition (i) the hirer defendant No. 1 would pay to the plaintiff a sum of Rs. 3,565 as an initial payment by way of hire, which would become the absolute properly of the plaintiff and would further pay to the plaintiff 21 consecutive instalments of Rs. 589, on the 19th day of each succeeding month, the first instalment being payable on January 19, 1964; in default or punctual payment there was a stipulation for payment of interest on sums overdue at the rate of 1 per cent per mensem, (ii) the hirer defendant No. 1 would be at liberty at any time to terminate the hiring, on return of the motor car, (iii) the hirer defendant No. 1 would hold the car as a bailee and shall not have any proprietary right or purchaser's interest therein until

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