OSMOND BEEBY Vs. KHITISH CHANDRA ACHARJYA CHOWDHURY

JUDGEMENT

(1.) This is an appeal from a judgment of Chaudhuri J., in a suit brought against Mr. Osmond Beeby, a former-administrator pendente lite of the estate of Dakshina Mohan Roy, for a refund of remuneration alleged to have been retained by him in excess of what was his due.

(2.) The order appointing the defendant to be administrator pendente lite provided for his remuneration by the allowance of "a commission of two per cent, on the assets that will come into his hands."

(3.) Dakshina Mohan Roy at the time of his death was indebted to the Bank of Bengal, the National Bank of India, and The Comptoir National D Escompte de Paris. Against this indebtedness each Bank held Government securities, the total value of which was Rs. 6,40,942-8-10. The indebtedness to the several Banks was discharged out of the sale proceeds of the Government securities with the result that a balance of Rs. 29,215-4-5 only came to the hands of the administrator pendente lite. He, has, however, retained a commission of 2 per cent, on the Rs. 6,40,942-8-10 To this exception is taken by the plaintiffs in this suit.