A SINHA AND SONS Vs. SUSHILA DEVI

JUDGEMENT

(1.) The Plaintiff in the suit was a lady whose deceased husband had purchased, from the Defendant stock brokers 100 shares of Hindustan Motors Ltd. for a sum of Rs. 1,053-1-0 which amount was paid to the Defendant.

(2.) The Plaintiff, who brought the suit as her husband's legal representative, said that the Defendant had promised to get the said shares transferred in her husband's name in the register of Hindustan Motors Ltd., but he failed to carry out his promise.

(3.) The defence was that there was no such agreement between the parties under which the Defendant was liable to get the shares in question registered in the books of the company. The Defendant said that, out of courtesy, an attempt was made to secure registration of the transferred shares by the company but that registration was refused because the seller's signature on the transfer-deed differed from his specimen signature on the record of the company and that, therefore, the registration of the name of the Plaintiffs husband in the books of the company was refused by the company. According to the Defendant, it was the Plaintiff's husband's own responsibility to get his name registered in the books of the company and that, in any event, the Defendant had been absolved from such responsibility by the Plaintiffs husband.