WATKINS Vs. SARAT CHUNDER GHOSE MOULICK

JUDGEMENT

(1.) The questions, which arise upon this appeal, are as to the principle upon which the accounts are to be taken in the suit, in regard to the commission to be allowed to the late Administrator General.

(2.) Three questions arise: (1) whether he is entitled to charge more than one commission upon his commission; (2) whether he is entitled to charge commission upon the entire collections of a revenue-paying estate in his hands; and, (3) whether he is entitled to charge commission upon the estate of his testator in the hands of the Receiver of the joint estate, to a share of which his testator was entitled.

(3.) As regards the first question, it is dear that the late Administrator General was only entitled to charge one commission-upon his commission. The appellants, however, say that, although upon the face of the accounts of the late Administrator General, it may look as if he had charged more than this, in effect and as regards the amount actually charged, he has not charged more than one commission upon his commission. This being so, the matter resolves itself into one merely of account. If in the aggregate he has not charged more than the law warrants, there is an end of the matter: if he has, he must refund.