ALLA PICHAI ROWTHAN Vs. PAPPATHIAMMAL ALIAS AMMAL BIBI

JUDGEMENT

(1.) Two Muhammadan brothers Sanjiappa Row-than and Sheik Muhammad Rowthan acquired considerable properties. Sheik Muhammad died in 1894 and Sanjiappa Rowthan in 1901. The three plaintiffs are the widow, the son and daughter respectively of Sanjiappa. The 2nd and the 3rd defendants are the widow and daughter of Sheik Muhamad. The 1st defendant is the husband of the 3rd defendant.

(2.) The case for the plaintiffs is that after the death of Sanjiappa Rowthan the properties were entrusted to the management of 1st defendant on behalf of the members of the Muhammadan family, that during the management the 1st defendant misappropriated the properties, that thereupon certain mediators interceded and obtained the transfer of some of the properties to the plaintiffs and that the 1st defendant is still retaining monies belonging to the plaintiffs. The 1st defendant denied his agency and his liability to account.

(3.) The Subordinate Judge in an unnecessarily long Judgment has come to the conclusion that the 1st defendant managed the properties honestly until 1909, that since then he had not been discharging his duties properly and that therefore he should be held accountable for monies received by him since 1909. The 1st defendant and the plaintiffs have filed a memorandum of objections.