( 1 ) THIS is a suit to enforce a claim on a fire and burglary insurance policy issued by the defendant in favour of the plaintiff. The policy is dated 13-7-1954 and the period covered by the policy is one year from 1-7-1954. The proposal on the basis of which the policy was issued is dated 26-6-1954. The properties insured are (i) furniture, household goods and personal effects valued at Rs. 7,000/- and (ii) trinkets, personal ornaments and gold sovereigns valued at Rs. 23,000/ -. All the said properties were lying in the first floor of premises 6, Gonesh Chatterjee Avenue, Sibpore, Howrah, in the occupation of the plaintiff. It is alleged in the plaint that on 5-8-1954 there was a burglary and considerable ornaments, silver utensils and Benarasi saries covered by the policy were stolen and have not been recovered. Particulars of the goods stolen have been set out in paragraph 4 of the plaint. The value of the property stolen has been stated to be Rs. 16,889/-, Due notice of the burglary was given to the police and the defendant. So also the claim, form was duly filed as required by the policy. The defendant having failed and neglected to pay the amount of the l