NANCHAND GANGARAM SHETJI Vs. MALLAPPA MAHALINGAPPA SADALGE

JUDGEMENT

(1.) This is a plaintiff's appeal by special leave directed against a judgment of the High Court of Mysore. The following pedigree table will be helpful in understanding the facts leading up to this appeal:

(2.) The respondents are Hindus governed by Mitakshara School of Hindu Law. Mahalingappa, the propositus of the joint family died in 1922, survived by three sons, namely, Mallappa, Defendant 1, Appasaheb, Defendant 2, Neelkanth. (The sons are hereafter referred to as 'M', 'A' and 'N'.) Mahalingappa and his sons constituted a joint Hindu family. The family was trading in tobacco. Mahalingappa, as Karta was managing the joint family business. After his death, his eldest son Neelkanth, father of Chandrakant, Defendant 3, began to look after the management of the family business. 'N' also started C. N. Tennis Bidi Factory in the name of his son Chandrakanth in 1942 or thereabout. 'N' died on July 8, 1946. Thereafter 'A' (Defendant 2) continued and managed the joint family business and the family concerns with the consent of the other members. After 1951, the family business was managed by 'M' (Defendant 1).

(3.) The appellant had business dealings in tobacco and money dealings with the Defendants' joint family. There used to be periodical verification of accounts and acknowledgments were made from time to time by the manager of the family. The plaintiffs' accounts were burnt in fire on October 22, 1949 and he had to reconstruct the accounts from available information and documents.