RAMDHANDAS JHAJHARIA Vs. RAMKISONDAS DALMIA

JUDGEMENT

(1.) In this appeal, which is brought from a judgment and decree of the High Court of Judicature at Bombay in its Appellate Jurisdiction dated October 8, 1942, reversing two judgments and a decree of that Court in its Ordinary Civil Jurisdiction, their Lordships are confronted with an unfortunate difference of opinion upon what appears to be a pure question of fact. The Appeal Court (Beaumont C.J. and Chagla J.) reluctantly and with a full appreciation of the weight to be attached to the decision of the trial Judge (Kania J.), who had seen and heard the witnesses, felt constrained to take a different view of the facts from that which he had taken, and their Lordships are clearly of opinion that they were right in doing so.

(2.) The substantial question can be shortly stated.

(3.) The joint Hindu family, of which the appellant is the karta, carried on certain family business, including an agency firm in the name of Jhajharia Dhandhania and Company, which had until February, 1939, acted as selling agents for the Sholapur Spinning and Weaving Company, Limited, which will be called "the company", and in the month of June they owned 163 shares of Rs, 1,000 in this company which stood as to 56 in the name of the appellant,, as to 106 in the name of his son Nandkishore and as to the remaining one in the name of another nominee.