LALA SRI RAM Vs. LALA PARSHADI LAL

JUDGEMENT

(1.) THESE two appeals are inter -linked and may be conveniently taken up together.

(2.) THE following pedigree is relevant for the appreciation of the case.

(3.) THE business of the oil mill again ran into difficulties because Ram Swarup made some withdrawals for payments on behalf of the partnership firm but did not debit those amounts in the books of the firm. Further, he made some realisations on behalf of the firm but did not credit those amounts in the books of the firm. Ultimately when Sahu Har Prasad came (Contd. on Col. 2) to know of the sorry state of affairs in which this business was, he asked for accounts. On 30 -8 -40 some sort of accounting was done and Sri Ram one of the sons of Ram Swarup who was a major at that time wrote out the accounts and it was found that a sum of Rs. 26398/ -10/3 which had not been credited in the books of the firm had been misappropriated by Ram Swarup. By that time the family comprised of Genda Mal his son Ram Swarup grandson Sri Ram and the three sons of Madho Ram, as adult members. Further, this family was possessed of eleven items of immoveable properties. They agreed to sell all these properties to Sahu Har Prasad and Raja Radha Raman for a total sum of Rs. 44100/ -. The consideration being comprised of the amount due on the pronote dated 21 -1 -1940 and the amount which was found to have been misappropriated by Ram Swarup. The remaining amount appears to have been given up by Sahu Har Prasad and Raja Radha Raman. This sale deed was executed on 3 -9 -1940.