Judgement

Appeal (No. 26 of 1924) from a decree of the High Court in its appellate jurisdiction (March 15, 1923) reversing a decree of that Court in its original jurisdiction.

The appellants brought the present suit in the High Court against one Gora and the respondents (defendants 2 and 3). Against Gora they claimed the return of certificates and blank transfers in

Law Rep. 53 Ind. App. 92 ( 1925- 1926) Maneckji Pestonji Bharucha V. Wadilal Sarabhai and Company

respect of 129 shares in Alcock, Ashdown & Co., Ld., or Rs. 1,54,800, the contract price; against the respondents, Wadilal Sarabhai & Co. and Gora, they claimed delivery of the certificates and transfers, and payment of damages by Gora.

The facts appear from the judgment of the Judicial Committee. The trial judge (Kajiji J.) made a decree, the effect of which was as follows Gora was ordered to deliver to the plaintiffs 129 shares or to pay Rs. 1,54,800 ; defendants 2 and 3 were declared to be in possession of 104 shares and were ordered to deliver them, to pay Rs. 71,500 damages, and to account for all dividends received.

The defendants 2 and 3 filed separate appeals, which were tried together, and allowed. The reasons of t