Narayan, J.

1. This is an appeal by the plaintiff in a suit in which a declaration was sought that a registered deed of assignment dated 7-8-1948, executed by the plaintiff in favour of the defendant No. 1 with regard to the assets and the goodwill of the business, which was carried on in the name and, style of Devji Shivji & Sons, was a mere benami document. The plaintiff had further prayed that a decree be passed in his favour against the defendants declaring that the sum of Rs. 52,308/10/6 standing to the credit of Devji Shivji & Sons in the Lloyds Bank Limited, Calcutta, belongs to him. The defendant No. 1 is the son-in-law of the plaintiff, and the defendant No. 2 is the Lloyds Bank with whom the money is in deposit.

2. The case put forward by the plaintiff was that under the advice of the defendant No. 1, who since May, 1947, had been looking after his affairs and managing his business known as Devji Shivji & Sons, he executed the deed of assignment and also a power of attorney dated 21-8-1947 constituting the defendant No. 1, one Mohanlal Odhabji Thacker and his wife Kamla, Bai as his attorney and authorising them to manage the affairs and the property including the