JHAPAJHANESSA BIBEE Vs. BAMA SUNDARI CHAUDHRANI

JUDGEMENT

(1.) This is a suit by the plaintiffs against, the defendants, the heirs of one Laban Sarkar, who is alleged to have been an agent of the plaintiffs and their co-sharers from 1287 or 1288 and to have continued as such up to his death which took place in Pous 1311, (January 1905). In this suit, the plaintiffs have made their co-sharers pro forma defendants. Their allegation is that there was a contract between them and their co-sharers on the one side and Laban Sarkar the agent on the other, that the latter should render accounts annually to each of his employers including the present plaintiffs. It is farther alleged by the plaintiffs that the agent, although repeatedly asked, never rendered accounts for the period 1293 to Pous 1311, and that after his death, his heirs also, although repeatedly asked, never did so. The present suit, therefore, is to obtain a decree against the heirs of Laban Sarkar for rendition of accounts for the above period, for the return of certain documents belonging to the plaintiffs and their co- sharers, and for payment of the cash balance that may be found, on an adjustment, to have been in the hands of Laban Sarkar before his death in 1311.

(2.) The first Court passed a preliminary decree against the defendants and on an appeal to the District Judge by the defendants, the judgment and the decree were confirmed and the appeal was dismissed. The defendants have now appealed to this Court and the principal question to be decided in this appeal is as to whether the present suit is governed by Article 89 or ll5 of the second Schedule of the Limitation Act (XV of 1877).

(3.) Article 89 of the Limitation Act governs a suit by a principal against his agent for moveable properties received by the latter and not accounted for. The period of limitation for a suit of the above description is 3 years and the limitation begins to run when the account is, during, the continuance of the agency, demanded and refused, or, where no such demand is made, when the agency terminates.