SHAKIR HUSSAIN Vs. SHARIFUL HASAN

JUDGEMENT

(1.) THIS is a Defendant's second appeal in a suit for accounting between co -sharers in respect of the profit of a Kothi for the period 28th June, 1959 to 8th February, 1960. The Plaintiff claimed that he and his sister Bilkish Fatima were co -sharers to the extent of 1/2 in the Kothi through their father Mir Mazhar Husain, while the Plaintiff was entitled to a further 1/4th share in the 1/18th share of Smt. Malka Begum, his wife who died on 28th June, 1959. The Plaintiff claimed that he has fully received his share of the profits in the rental income of Rs. 160/ -of the Kothi upto 28th June, 1959 but had not been paid the share due to him as the heir of Malka Begum, which was l/40th of the whole. The trial court substantially upheld the Plaintiff's case but found that the rental income of the kothi was Rs. 77.50P. per month and that Defendants Nos. 1 and 2 were liable to pay Rs. 13.56P. as the Plaintiff's share in the profits in respect of 1/40th share of Smt. Malka Begum his deceased wife. The lower appellate court confirmed the decree of the trial court.

(2.) THE main point urged before me was that a suit for accounting between co -sharers was not maintainable and in support of this contention two decisions, one of the Calcutta High Court in Panmal Lodha v. Omraomal Lodha : AIR 1953 Cal. 244 and the other of the Bombay High Court in Doma Ghusi Patil v. Jagana Fagu Patil : AIR 1958 Bom 251 were cited. On the other hand a Division Bench decision of this Court in Nand Kishore v. Kunj Behari Lal, 1933 ALJ 86 was relied upon by the Learned Counsel for the Plaintiff -Respondent.

(3.) THE appeal fails and is dismissed with costs.