RANCHODE DASS GOVARDHAN DASS Vs. KRISHNA DASS

JUDGEMENT

(1.) This is an appeal from the judgment of Wallis J. declaring that the appellant has sufficient assets of his deceased father in his hands to meet the plaintiff-respondents claim and directing the appellant to pay to the respondent the amount of the appellate decree dated the 5th April 1906, viz., Rs. 9,308-5-2 plus interest on the principal sum of Rs. 7,358-12-0 from 22nd March 1905.

(2.) The appellant s father died in February 1903, leaving the-appellant his only son, and the respondent obtained the above-mentioned decree against the appellant payable out of the assets in the latter s hands of his deceased father. In execution of the decree certain properties in the defendant s possession were attached and he alleged in those proceedings that he had no assets of his father. An enquiry was then held and the learned Judge found against him.

(3.) It appears to have been admitted by the appellant in an affidavit filed by him is certain proceedings that assets of his father to the extent of Rs. 4,000 came to his hands, and it was in fact never disputed that same assets of his father did come into the defendant s possession. His contention seems to have been that, taking into account the amounts for which his father was liable to account as an executor of the will of his grand-uncle Girdhara Dass, dated 9th February 1885, under which the defendant was, in the circumstances which happened, the sole residuary devisee, and what the defendant has paid to other creditors of his father, there are no assets in his hands now available.