AGARWALA, J.:- This is a defendants appeal arising out of a suit for recovery of damages for wrongful attachment of property. The facts, briefly stated, are as follows:

2. Two persons, Khawja Baksh and Riaz Uddin, were adjudged insolvents on the application of the appellant Nawal Kishore. In the insolvency proceedings certain property was attached by the Official Receiver as belonging to the insolvents. This property consisted of a big building in which was housed a printing press and which contained nineteen shops. Eleven of the shops and the hall housing the printing machines had been purchsed by Bishambar Nath Khazanchi, the original plaintiff in the suit, prior to the insolvency proceedings.

Bishambar Nath Khazanchi objected to the attachment and sent a notice to the Official Receiver to release the property. As the property was not released he filed a suit for the declaration of his title on 11-4-1935. The property was, however, released during the pendency of the suit on 10-11-1936. The plaintiff got the plaint amended, and the suit after the amendment was for damages on two counts, Rs.2000/- for damages to the building and Rs.1884/14/- at the rate of Rs.333/5/4 per mo