DHARWAR BANK LTD Vs. MAHOMED HAYAT

JUDGEMENT

(1.) This was a suit brought by the plaintiff for a declaration that he was the owner of the ten shares in the defendant bank. The defence was that the shares belonged to the deceased son of the plaintiff and that the bank had a charge on the shares for the debts of the deceased.

(2.) The learned Subordinate Judge held that the plaintiff proved that the shares in question belonged to him. On appeal the case was remanded and the learned Subordinate Judge on remand held that the shares in suit did not belong to the plaintiff and that the name of the son was not entered benami for the plaintiff as alleged, and therefore dismissed the plaintiff's suit.

(3.) On appeal the learned District Judge held that there was no presumption of any intended advancement in favor of the son, and that the evidence adduced on behalf of the defendant was so slender and meager that he would not be justified in holding that the defendant discharged the burden. He therefore sot aside the decree of the lower Court and granted the declaration sought for. The second appeal was dismissed and against the order summarily dismissing the appeal the defendant has filed this appeal.