KHUB CHAND Vs. CHITTAR MAL

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for rendition of accounts against them on the allegation that Khub Chand defendant 1, for himself and as the managing member of the defendants family was the agent of the plaintiff. According to the plaint the plaintiff's ancestors were residents of Shikarpur although they were carrying, on business at Haldwani and Chiter Mal plaintiff was a connexion by marriage of Khub Chand. About the year 1904 the defendant suggested to the plaintiff that he might, through him, start money-lending business and make investments in properties in the district of Bulandshahr, to which the plaintiff agreed. He sent about Rs. 20,000 to the defendant who obtained documents mostly in his own name except one for Rs. 10,000 which was taken jointly in the name of the plaintiff and his uncle, as well as the defendant Khub Chand. According to the plaintiff the defendant did not render account to him but put him off.

(2.) In the written statement the defendant denied the allegation that he ever became the agent of the plaintiff or even that he ever received any money belonging to the plaintiff. He suggested that the plaintiff or his uncle Basdeo personally carried on some business and obtained documents in their own favour directly. The defendant however admitted that he was a joint creditor so far as the bond for Rs. 10,000 was concerned. In the written statement, apart from the absolute denial of the agency and the receipt of any money belonging to the plaintiff, there was no specific plea that the suit was brought more than three years after the termination of the agency. Nor was. there any suggestion that more than three years before the suit accounts had been demanded and refused by the defendant. There was however a general plea that the claim was barred by time.

(3.) The learned Subordinate Judge has found in favour of the plaintiff both on the merits as well as on the question of limitation and has passed a preliminary decree in his favour. The defendants have accordingly appealed.