RAM SWAROOP Vs. PRATAP NARAIN

JUDGEMENT

(1.) This is an appeal by defendant 1 against a decree of the learned Additional Civil Judge of Agra in a suit for accounts.

(2.) Mauza Itaura lies in the district of Agra, not very far from it. It is divided into four Mahals, Mahals Shyam Lal, Dindayal, Panna Lal and Moti Lal. On the death of Shyam Lal in 1909, his son, Prag Narain, the plaintiff, succeeded. In 1927 he also purchased Mahal Dindayal. In 1900 Ram Swarup, the appellant, was married in Itaura and took up his abode there. He entered service of Shyam Lal either in that very year or soon after as his agent. The present suit was instituted on 11-12- 1937. The plaint is prolix document of portentous length, but, stripped of unnecessary details, the story unfolded by it is this: Defendant 1, Ram Swarup, and subsequently, defendant 2, his son, Chandrahans, were found to realise all the income in the best way possible and manage the property with the utmost economy and to the best advantage of the plaintiff. The plaintiff's father and, after him, the plaintiff reposed full confidence in the defendant, but they abused it and obtained their signatures on the accounts draw up by them but no accounts were properly rendered or understood. On these allegations the plaintiff prayed: that the defendants be ordered to render true and proper accounts from 1308 to 1342 Fasli about the realisation, income and expenditure of Mauza Itaura, Mahals Shyam Lal and Dr. Dindayal, or in the alternative if the defendants rely on so called accounts the same may be re-opened and the defendants be ordered to render true and proper accounts for the above mentioned period.

(3.) The defence was a denial of these allegations and a definite plea that there was no fraud, that the accounts were true and correct and that: (a) the plaintiff has signed the copies of those accounts, (b)is estopped from questioning the correctness of the copies of the accounts and (c)defendant 1 used to annually account for the amounts realisable by and due to the plaintiff and if there were arrears he used to realise them himself.