K. C. AGARWAL, J. :- This appeal is directed against the judgment dated 13-11-1963 of the IInd Addl. Civil Judge, Nainital, decreeing the suit of the plaintiff for the return of Truck No. U.S.N. 1117 and for recovery of damages. The defendant was further directed to execute a deed of reconveyance in favour of the plaintiff in respect of the truck mentioned above, failing which the plaintiff was entitled to recovery of a sum of Rs. 18,000/-from the defendant as price of the truck.

2. The plaintiff s case, as laid in the plaint is that he purchased Truck No. U.S.N. 1117 in March, 1959 and as he did not have any truck work to execute the truck was standing idle. Yadav Ram the defendant approached the plaintiff for taking the truck on hire. Consequently the plaintiff gave the truck to the said defendant on June 8, 1959 on hire for a period ending December 31, 1959. The defendant agreed to pay Rs. 1000/- per month of hire. The plaintiff further alleged that in order to enable Yadav Ram to obtain a permit in his name from the Regional Transport Authority, the plaintiff executed a receipt showing transfer of the truck to the defendant in lieu of Rs. 18,000/-. The receipt executed