DEVJI SHIVJI Vs. MOHANLAL ODHABJI THACKER

JUDGEMENT

(1.) Tins appeal is by the sole plaintiff Devji Shivji. It arises out of a suit wherein the main allegation made is that the defendants as the agents of the plaintiff had sold many of his shares but so far have not rendered any account of the same or paid their sale price. Hence the claim for account of the various sums alleged to have been received by the defendants from the sale of shares belonging to the plaintiff. The defendants are three who have been impleaded here as respondents. They are (1) Mohanlal Odbaibji Thacker, (2) Karasandas Ramji Thacker and (3) Mohanlal Karasandas and Co., a firm owned and run by the first two of these defendants.

(2.) Srimati Kamala Bai, who has been examined on commission as P. W. I in this case, is the second wife of the plaintiff. By the first wife, who is dead, the plaintiff had a son Pranjivan Devji and a daughter who is married to defendant No. 2 Kar-sandas Ramji Thacker, Pranjivan Devji sometime in the early part of 1947, when he was still a bachelor of 23 or 24 years, contacted tuberculosis and ultimately on 6-3-1948, while he was a patient in the Pandra Road Sanitorium, succumbed to the disease. It, however, appears that in his life-time his marriage had already been settled with the sister of defendant No. 1 Mohanlal Odhavji Thacker.

(3.) The plaintiff in the year 1947 had a number of businesses at Jharia including that of purchase and sale of shares. His claim is that the shares, which he then held, were worth several lakhs of rupees; some of those were in deposit with the two banks at Calcutta, namely, Allahabad Bank Ltd., and Chartered Bank of India, Australia and China Ltd., while some others, it is said, were in deposit in his office at Jharia.