1. This is an appeal by plaintiff No. 2 for himself and as an heir of plaintiff No. 1 and ft arises out of a judgment and decree passed by the learned Assistant Judge. North Satara, in Civil Appeal No. 368 of 1951 which in its turn arose out of civil suit No 228 of 1949 on the file of the Court of Third Joint Civil Judge, Satara.

2. The abovementioned suit No. 228 of 1949 was filed by two plaintiffs Ramchandra and Mahadev who were father and son. It was filed for the recovery of certain documents or scripts which were specified in the schedule annexed to the plaint. Defendant No. 1 is Mr. Damodar Vishwanath Gokhale, who is a journalist of Poona, and defendant No. 2 is a limited company of the name of "Western India Trustee and Executor Company Ltd." with its head office at Satara. It may be noted that after the judgment in the suit was pronounced by the trial Court, plaintiff No. 1 Ramchandra died. Plaintiff No. 2 is his heir and legal representative and the present appeal is prosecuted by plaintiff No. 2 both for himself and as an heir and legal representative of plaintiff No. 1.

3. One Abajee Washikar had two sons Ram chandra and Gopal Ramchandra had two sons Ganesh and M