Kiran Anand Lall, J.

1. Undisputed facts are that M/s. Cargo Tyre Agencies, opposite New Grain Market, G.T. Road, Fazilka, was a partnership concern, having two partners, Dalip Singh and Harjinder Kaur. The firm was carrying on the business of sale and purchase of tyres and tubes, etc., and the stock of tyres, tubes and other goods of like nature, lying in the shop had been got insured by it with the United India Insurance Company Limited, Fazilka (for short, the insurance company), for a sum of rupees three lac, against insurance policy No. 200103/57/1/0012/89-90, for the period from 4.10.1989 to 3.10.1990. The insurance company had issued the cover note (No. 381971) in this behalf on 4.10.1989, covering the risk of loss and damage on account of theft, fire, and strike, etc.

2. On the night intervening 19.12.1989 and 20.12.1989, a theft took place in the shop of the firm, and goods worth rupees two lac, approximately, were stolen. Dalip Singh, one of the partners, lodged a report with the police in this behalf, whereupon a case bearing FIR No. 100 dated 20.12.1989, was registered. Information was given to the Insurance Company also, in this regard. After investigation, the