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GULAB C.GUPTA
Krlshnachandra Gupta – Appellant
Versus
M. P. Motor Transport – Respondent
The first submission of the learned counsel for the appellant is that tyres in question admittedly belonged to M/s. Vikrant Tyres Limited, Indore and hence they were the owner& thereof. It is submitted that since the suit has not been brought by the said company, the appellant could not recover the price of those tyres. Evidence on record indicates that the respondent company is a transporter of goods and had received tyres from M/s. Vikrant Tyres Limited, Indore by issuing receipts (Ex. P/l to Ex. P/7). This would, therefore, indicate that M/s. Vikrant Tyres Limited were the original owners of the tyres and had handed over the same to the respondent for transporting these typres to Satna and delivery on production of receipts to the appellant. Legal status of the respondent Company was that of a bailee. The respondent company were in possession of the tyres as trustees thereof on behalf of the original owner. Their liability to the original owner remains because of the aforesaid legal relationship between them. In such a situation, the suit, as filed by the respondent, would not be by a stranger having no interest. The liability of the respondent company to the original
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