Modi, J.—This is a second appeal by the defendant Rameshwar against the judgment of the District Judge, Jodhpur, dated the 18th August, 1953, by which he set aside the judgment and decree of the Civil Judge, Jodhpur dismissing the plaintiffs suit and decreed it. The suit was for a declaration of title with respect to a certain lorry No. RJQ 1221.

2. The suit out of which this appeal arises was brought by Tarasingh plaintiff respondent No. 1 against the present appellant and defendant respondent Goverdhandas. Respondent Goverdhandas was the owner of the lorry. The plaintiff respondent Tarasingh brought his suit on the allegation that he had purchased the said lorry from Goverdhandas for a sum of Rs 2,000/- on the 9th July, 1949, for which the latter had passed a receipt (Ex. P-l). A joint application had been made in the office of the Deputy Inspector General of Police for the grant of a licence with respect to the lorry by Tarasingh and Goverdhandas on the same day, and a licence was granted to Tarasingh on the 11th July, 1949. Plaintiff resopndent Tarasingh was compelled to bring the suit because the defendant appellant had launched a criminal complaint against defendant Goverdhand

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