http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 23
PETITIONER: DHIAN SINGH SOBHA SINGH & ANOTHER
Vs.
RESPONDENT: THE UNION OF INDIA
DATE OF JUDGMENT: 29/10/1957
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. IMAM, SYED JAFFER GAJENDRAGADKAR, P.B.
CITATION: 1958 AIR 274 1958 SCR 781
ACT: Bailment-Non-delivery of goods by bailee-Rights and remedies of bailor-Election-Action for wrongful detention and wrongful conversion-Distinction-Value in the alternative, if as at the date of decree-Value stated in the notice, if a bar to recovery of appreciated value-Damages for wrongful detention-Principle of assessment-Code of Civil Procedure (Act 1 of 1908), s. 80.
HEADNOTE: The appellants, by an agreement, let out two trucks on hire to the respondent. The respondent terminated the agreement but failed to return the trucks on the fixed date on the plea that they had already been returned to a partner of the appellants. The appellants served the statutory notice under s. 80 of the Code of Civil Procedure and, on the respondent’s failure to comply, brought a suit for wrongful detention claiming, inter alia, return of the trucks or their value in the alternative as stated in the notice and damages for wrongful detention till delivery. Claim was also made for such apprec...