JUDGMENT

C.S. Sudha, J.

This is an appeal against the judgment and decree dated

05.01.2013 in O.S.No.159 of 2009 on the file of the Subordinate Judge's Court, Perumbavoor. The suit for specific movable property and realisation of rent for its usage, has been decreed by the court below. Aggrieved, the defendant has filed this appeal. The plaintiff is the respondent herein. The parties in this appeal will be referred to as described in the suit.

2. The brief facts of the case - the plaintiff, a Private Company, is carrying on the business of contract works of the PWD. The Company was floated by C.V.Jayadas, as the Managing Director and Vineetha Ashok as Director. The plaintiff had availed a loan of ₹40 lakhs for the purchase of a machine used for tarring/asphalting roads. The machine was hypothecated to the bank from which the loan was availed. Contrary to expectations, the plaintiff Company was unable to make sufficient profits and so repayment of the loan came to be defaulted. When the plaintiff Company fell into difficulty, Vineetha Ashok and her husband vanished from the scene. The defendant, a friend of Vineetha Ashok, is a registered Government Contractor doing tarring works of t