Judgement

SHAH, J. : Lachmi Narain father of Sita Ram appellant in this appeal - was the brother of Radhahai - respondent herein. On April 15, 1942. Radhabai - who will hereinafter be called the plaintiff entrusted gold pearl and diamond jewellery of the value of Rs. 32,379-6-0 to Lachhmi Narain for safe custody. After the death of Lachhmi Narain in July 1943, the appellant was called upon by the plaintiff to return that jewellery. The appellant replied that Lachhmi Narain had during his life time returned the jewellery to the plaintiff. The plaintiff then instituted an action against Sita Ram, his son Ghanshyam and other members of the family, in the Court of the First Civil Judge, Kanpur, for a decree ordering delivery of the jewellery or for payment of its value. The Trial Court dismissed the action upholding the case of the appellant that the jewellery was returned to the plaintiff by Lachhmi Narain on April 23, 1942. In appeal, the High Court of Allahabad reversed the decree passed by the Trial Court and passed a decree directing that the jewellery be restored to the plaintiff within one month from the date of the decree, and in the event of failure to comply with that direct