SIA DULARI Vs. BHAGWATI

JUDGEMENT

(1.) THIS is a defendant's appeal arising out of a suit for rendition of accounts and for recovery of the amount that may be found due. Plaintiff's case was that she had entrusted a sum of Rs. 2, 000 to BabuLal, husband of defendant No. 1 and father of defendants 2 to 7 in the year 1950. The money was paid on the basis of an agreement that BabuLal will invest the amount on behalf of the plaintiff and will pay her the profits earned by such invest ment. According to .the plaintiff BabuLal continued to render accounts and pay the profits to her till 1952. Thereafter he nei ther rendered any account nor paid any money. BabuLal died in 1960. The plaintiff filed the present suit in 1961. The plaintiff estimated the profits at Rs. 500/-and claimed a decree for the same amount or any additional amount that may be found due on accounting. The defence, inter alia, was that the defendants were not liable to render accounts as claimed by the plaintiff. The receipt of the money as well as earning of profits were denied. The trial Court decreed the plaintiff's suit accepting the case as pleaded by her. The decree was in the following terms:-

(2.) IN the plaint the relief had been claimed for rendition of accounts, impliedly up to the date of the decree or the date of the suit. Mr. S. S. Verma, learned coun sel for the appellant has however stated that the suit may be deemed as confined to the amount that may be found due till the date of death of BabuLal, viz., April 9, 1960. He has stated so in view of the position of law that the heirs of an agent cannot be held liable for profits beyond the period of the death of the agent unless it was alleg ed and proved that they had undertaken to carry on the business and had in fact done so. In the plaint there is no such allega tion.

(3.) AS the decree passed by the courts below is not in accordance with law, the appeal is allowed, the decree passed by the trial Court and confirmed by the first appellate Court is set aside, and the case is remanded to the trial Court for deciding the suit in accordance with law in the light of the observations made above. Costs will abide the result Appeal allowed.