RAO GIRRAJ SINGH Vs. RANI RAGHUBIR KUNWAR

JUDGEMENT

(1.) This appeal raises an important question under the Indian Limitation Act. The suit out of which it arises was instituted by the plaintiff-respondent on the 31 of March 1904 for the recovery of Rs. 3,52,180-2-5 alleged to have been due to her by her father, Rao Umrao Singh, at the time of his death in respect of the income of the plaintiff's estate known as the Sahanpur Estate, received by him under a power-of-attorney executed by the plaintiff in his favour. The plaintiff sought to recover this amount out of the family property known as the Kuchesar Estate, which was owned and possessed by Rao Umrao Singh and his family.

(2.) The Court below gave the plaintiff a decree for Rs. 2,17,840-4-2 with future interest from the 31 of March 1904 up to the date of realization to be recovered by attachment and sale of the property held jointly by Rao Umrao Singh and the defendants, who are now owners and in possession of the Kuchesar Estate. From this decree the present appeal has been preferred.

(3.) The Sahanpur Estate was owned by Khushal Singh, deceased. The plaintiff is the daughter of Rao Umrao Singh and the widow of Khushal Singh, and upon the death of the latter became entitled to this estate. The defendants Nos. 1-4 are the sons, and the defendant No. 5 is the grandson of Rao Umrao Singh and formed with him a joint Hindu family. Khushal Singh died on the 6 of August 1879; and shortly after his death the plaintiff, who is a Pardanashin lady, executed a power- of-attorney in favour of her father Rao Umrao Singh authorising him to manage the estate on her behalf. This power-of-attorney is dated the 10 of May 1880, and by it the usual powers of management were conferred upon Rao Umrao Singh including a right to collect the rents and profits of the villages forming the Sahanpur Estate and also debts, and, in case of necessity, to execute mortgages or sale-deeds. This document is No. 6 of the record Another power-of-attorney was executed by the plaintiff-respondent in favour of Rao Umrao Singh on the 15 of January 1887, empowering him to register documents executed by him on behalf of the plaintiff-respondent and realize moneys due to her. Formerly the Kuchesar Estate included the Sahanpur and also the Bhadsana Estates. A number of years ago it was divided into throe tappas called respectively Kuchesar, Sahanpur and Bhadsana. Rao Umrao Singh and his family owned the tappa, now called Kuchesar, while Khushal Singh owned Sahanpur. The remaining portion fell to the lot of Partap Singh. Acting under the power-of-attorney. which we have mentioned above, Rao Umrao Singh managed the Sahanpur Estate on behalf of the plaintiff from the year 1880 up to the 3 of June 1898, the date of his death. Two sets of accounts were kept by him, one for the Kuchesar and the other for the Sahanpur Estate and each estate had its own money chest. After defraying the necessary expenses of the plaintiff's estate, there were large savings out of the income of that estate during the management of Rao Umrao Singh, and money was from time to time transferred by Umrao Singh from the money chest of that estate to the money chest of the Kuchesar Estate. There was no adjustment of the accounts between the plaintiff and Rao Umrao Singh during the lifetime of Rao Umrao Singh. After his death his son Rao Grirraj Singh and the other defendants made over to the plaintiff's agents the accounts of the Sahanpur Estate and on the basis of these accounts it was ascertained that during the management of Rao Umrao Singh a very large sum was due to the plaintiff in respect of the surplus income of the Sahanpur Estate.