LAKSHMI RAM JANI Vs. HARI RAM DUBE

JUDGEMENT

(1.) The defendants in the suit out of which this appeal has arisen are the sons and grandsons of one Gulab Ram Jani, who died in the year 1958 Sambat corresponding to 1901-1902.

(2.) The plaintiff is the daughter s son of Gulab Ram Jani by the latter s daughter Gopi Kuar, who died in the lifetime of her father. Gulab Ram s wife was a lady whose name was Ballabh Kuar. The family to which the parties belonged is a family of Nagar Brahmins, who came originally from Gujarat and settled in Benares some 150 or 200 years ago.

(3.) The suit was brought for the purpose of recovering a sum of Rs. 9,567 8 9. This sum is made up of four items which are exhibited in the statement of account attached to the plaint. The first item is one for Rs. 3,791-14-0 said to have been deposited with the firm of the defendants by Ballabh Kuar; the second, item is a sum of Rs. 2,207 said to have been similarly deposited by Musammat Gopi Kuar; the third item of Rs. 533 is also alleged to have been deposited by Gopi Kuar and the fourth item of Rs. 2,500 is said to have been deposited by the plaintiff himself.