PRATIBHA BONNERJEA, J.

( 1 ) THE plaintiffs suit is on a hire-purchase agreement dated 24-7-67 in respect of a 1962 model Willys Jeep bearing registration No. WBB 9796 against the defendant No. 1 as the hirer and against the defendant No. 2 as the guarantor, for recovery of arrears of hire, interest and damages. The plaintiff alleged that the defendants, in breach of the terms of the said agreement had removed the vehicle to Tarwa, in the District of Varanashi and failed to pay the agreed hires. The agreement was terminated by the plaintiff by notices dated 4-12-67 and 19-12-67, In this suit, the plaintiff also claimed possession of the said vehicle or in lien the present market value of Rs. 6498/ -.

( 2 ) ONLY the defendant No. 2 contested the suit. In the written statement he alleged that prior to 24-7-67, there was an oral agreement between the plaintiff and the defendant No. 1 for purchase of this vehicle and the plaintiff had given loan to the defendant No. 1 in that connection. These alleged oral terms were set out in the written statement. The defendant No. 2 was not a party to that agreement. The defendant No. 2, however, admitted having signed the written agreement dated

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