JUDGMENT

Sen, J. - This master comes before this Court in the following circumstances: One Gorakhram Chamria, a member of a joint Mitakshara family, died leaving two sons Ramprotap and Amolakchand. Amolakchand died leaving his widow Surji Sethani. Ramprotap had a son. Matrumall who predeceaed him leaving a son Ratan Lal. Surji Sethani has sued Ratan Lal on the following allegations. She says that in 1928 she had entrusted Ratan Lal's grand-father, Ramprotap, with an ironsafe containing jewellery worth about 50 thousand rupees and Government currency notes worth a lakh of rupees. On the 20th January, 1935, she demanded the return of these articles from Ramprotap but he refused to return them denying that he had ever been entrusted with them. She claimed the return of the articles from the Defendant, and in the alternative their value. The matter was referred to the arbitration of the late Sir Manmatho Nath Mukerji who after taking evidence has stated the award to this Court for its opinion on certain points. Three questions have been formulated by the learned arbi rator for the opinion of this Court. They are as follows:

I. Whether the debt or liability of Ram Pratap was, in view of t