Modi, J.—These are two connected matters arising out of a suit filed by the plaintiff Fateh Ali for restitution of certain goods removed from his shop by the defendant, and alternatively for their price. Appeal No. 39 of 1952 has been filed by the defendant Anandi Lal and the cross-objection by the plaintiff Fateh Ali.

2. The plaintiffs case was that he was the lessee of a shop belonging to one Narain Lal and was a dealer in umbrellas, locks and other miscellaneous articles, and also carried on a repairers business. Anandilal is the brother-in-law (wifes brother) of Narain Lal. Narain Lal is said to be mentally infirm and so Anandi Lal was managing the house-hold affairs of Narain Lal. It is alleged that Anandi Lal was anxious to raise the rent of the shop occupied by the plaintiff and as the latter was not agreeable to enhancement of rent, Anandi Lal wanted to evict Fateh Ali from the shop. With that object in view, Anandi Lal went to Fateh Alis shop on 17.9.48 and 18.9.48, accompanied by a few labourers, and dismantled the back wall of the shop and forcibly removed the plaintiffs goods that lay there and took them over to Narain Lals Pol close-by. The plaintiffs son Jeewaji remons

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