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1992 Supreme(Raj) 233

B.R.ARORA
Hazur Singh – Appellant
Versus
Behari Lal—(12) – Respondent


Advocates Appeared:
R. Mehta, for Appellant Lalit Kawadia, Deputy Govt. Advocate.

Honble B.R. ARORA, J.—, This appeal is directed against the decree and judgment dated January 27, 1979, passed by the Additional District Judge, Sri Gangnagar, by which the plaintffs suit was decreed against the appellans.

2. Plaintiff M/s. Behari Lal Banwari Lal, Grain Market, Sri Gangan-agar, filed a suit for declaration and recovery of the bus alongwith the damage of Rs. 13,000/-from the defendants No. 1 and in the alternative for the recovery of Rs. 20,000/- against the defendant No. 2, 3, and 4 viz., Hazoor Singh, Gurdayal Singh and Gurlabh Singh. The case, as set up in the plaint, is that on July 2, 1969, under a hire-purchase agreement the plaintiff delivered his bus No. RJR 6794 to the defendant No. 2 Hazoor Singh. The defendant No. 3 Gurdayal Singh and No. 4 Gulab Singh stood sureties for defendant No. 2. It was, inter alia, agreed that Hazoor Singh, in all, will pay Rs. 16,800/- in twelve instalments of Rs. 1400/- each towards the price of the bus. It was, also, agreed that till the whole amount is paid, the ownershp of the bus will remain with the defendant No. 2. It was further agreed that in case of default in the payment of instalments, the plaintiff will be entitled t




























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