RAGHUNATHJI MULCHAND Vs. VARJIWANDAS MADANJEE

JUDGEMENT

(1.) The plaintiff, as the constituted attorney for his mother Rambhabai, has obtained a grant to himself of letters of administration to the estate of Jivan Cursonji deceased for his mother's use and benefit, and he has brought this suit (amongst other things) to establish title to certain shares in the Maneckji Petit Manufacturing Company Ld.. as forming part of that estate.

(2.) It is conceded that the shares were bought with the proceeds of other shares in the same Company, which at one time formed part of Jivan Cursonji's estate, and the only defence made before us is that there was a gift of those shares which displaces the title set up by the plaintiff.

(3.) The only question, therefore, on this appeal is, first, whether the gift has been established as a fact, and, secondly, if so whether the gift is valid in law.