Lord Simonds. -

In this appeal, which is brought from a judgment and decree of the High Court of Judicature at Bombay in its Appellate Jurisdiction dated the 8-10-l942, reversing two judgments and a decree of that Court in its Ordinary Civil Jurisdiction, their Lordships are confronted with an unfortunate difference of opinion upon what appears to be a pure question of fact. The Appeal Court (Beaumont C. J. and Chagla J.) reluctantly and with a full appreciation of the weight to be attached to the decision of the Trial Judge (Kania J.). who had seen and heard the witnesses, felt constrained to take a different view of the facts from that which he had taken, and their Lordships are clearly of opinion that they were right in doing so.

[2] The substantial question can be shortly stated. The joint Hindu family, of which the appellant is the Karta, earned on certain fatuity businesses, including an agency firm in the name of Jhajharia Dhandhama and Company, which had until February 1939, acted as selling agents for the Sholapur Spinning and Weaving Company Limited, which will be called "the Company." and in the month of June they owned 163 shares of Rs. 1000 in this Company which stood as