MAGANLAL BHUKANDAS SHETH Vs. THAKURDAS VRIJBHUKHANDAS

JUDGEMENT

(1.) The question involved in this application is whether the learned Judge of the Court of Small Causes of Surat was right in dismissing a suit filed by the present applicant as being barred by limitation. It was a suit brought for damages for the unlawful detention of certain share-certificates. These five shares of a certain Spinning and Weaving Company were bought by the plaintiff from one Chhotalal on the 16 of April 1906. Chhotalal, who had previously purchased these shares from the defendant, directed the defendant to transfer them to the plaintiff. A receipt for the shares was given by the defendant to the plaintiff and the plaintiff signed the receipt, and gave it back to the defendant in order that the defendant should get the share-certificates from the Company and make them over to the plaintiff.

(2.) The defendant got the share-certificates from the Company in May 1906, but thereafter instead of making them over to the plaintiff he retained them in his own custody.

(3.) On the 8 of August 1906, the plaintiff gave a notice to the defendant demanding the delivery of these certificates. This was still refused on some plea of right and subsequently on a criminal prosecution being instituted the defendant made over the share-certificates to the plaintiff.