MODI, J.—This is an appeal by the defendants Onkarmal and Nagarmal against the judgment and decree of the District Judge, Jhunjhunu dated the 20th February, 1956, reversing the judgment and decree of the Civil Judge, Jhunjhunu dated the 8th December, 1954 by which he had dismissed the suit, and partially decreeing it. The plaintiffs have also filed a cross-objection. I propose to dispose of both these matters by a single judgment.

2. Plaintiffs Banarsilal and Banwarilal are brothers, and the former having died during the pendency of this appeal has been substituted by his widow and his other heirs who being minors are represented by the said widow.

3. The parties, apart from defendant No. 1 Jagannath Singh, were residents in the town of Jasrapur. The plaintiffs have described themselves in the plaint as respectable businessmen belonging to a well-to-do family. Defendant No. 1 Jagannath Singh was at the time of the happening of the events, out of which this litigation arises, a sub-inspector of police in-charge of the Khetri Police station within the jurisdiction of which the town of Jasrapur was situate. It so happened that Ramavtar, a son of the defendant Onkarmal, committed a theft

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