DULICHAND SAMSUKH Vs. DUNBAR MILLSCO

JUDGEMENT

(1.) This suit has arisen out of the alleged loss of 25 shares in the Dunbar Mills, Ltd. The reliefs prayed for cannot be comprehensively stated, and I will proceed to narrate the facts.

(2.) The registered holder of the shares in question which were Nos. 2025 to 2049 inclusive, was the defendant Durga Prosad Singhania, whose name still stands on the books of the company as the registered holder to this day. In the mon February, 1920, they were sold by him to Messrs. Tezpal Makunlal. This transfer has not been proved with the exactitude with which the later transfers have been proved, but in the circumstances I do not think there can be any doubt that these shares were among those sold at or about that time by Singhania to Tezpal Makunlal according to the evidence of the witness Tezpal Jhoon Jhoonwalla.

(3.) Evidence has been called tracing the subsequent dealings in these shares. Tezpal Makunlal sold them to Jwalaprosad Shroff who in his turn sold them to Magniram Bungar. On the 28th May 1920, the same shares came back into the hands of Jwalaprosad Shroff from Narain-das Khendenwalla, and on the same day Jwalaprosad Shroff sold them to Nemai Chand Boral. The witnesses Khasinath Chobey and Jabbermull have traced the subsequent dealings with the particular shares, and eventually on or about the 28 May 1920, they came into the hands of the plaintiff.