VRANDAVAN BHAICHAND SHAH Vs. PARSHOTTAM MOTICHAND SHAH

JUDGEMENT

(1.) This second appeal arises out of a suit filed by the plaintiff to recover from his two uncles, the defendants, certain sums said to have been realized by them soon after the death of his father. His case was that his father Bhaichand died in 1903, and that before his death Bhaichand and his other brothers Keshavji, Parshottam and Mohanlal, had separated. We are not concerned with Keshavji who died about the same time. When Bhaichand died, the plaintiff was not born. The mother of the plaintiff was at her father's house at Talaja, while Bhaichand's house wa3 at Rojka in the Dhandhuka Taluka. Parshottam and Mohanlal helped to recover the outstandings of the deceased after his death. The plaintiff was born a month or two after Bhaichand's death, and the present suit was filed by him in 1922 soon after he attained majority to recover the amount of the realizations made by Defendants Nos. 1 and 2.

(2.) Defendant No. 1 pleaded that he was really serving during the material time at Una in the Junaghad State, that he used to visit Rojka occasionally, that he was there about a month in a year, that all the debt, were collected by Defendant No. 2, that Defendant No. 2 mostly managed the plaintiff's property, and that the suit should be dismissed as against him.

(3.) Defendant No. 2 admitted that he managed the estate of the deceased for some time after the death of Bhaichand, that the mother of the plaintiff had taken charge of the management shortly after that, that he was not in possession of any property of the deceased Bhaichand, and that the suit should be dismissed as against him.