Chandrasekhara Ayyar, J.

1. The plaintiff Thenappa Chettiar is the son of Lakshmanan Chettiar, who was for some time one of the directors of the Indian Overseas Bank, Ltd., the defendant. Lakshmanan Chettiar held 402 shares in the defendant Bank. He died on 1st December, 1940, leaving a registered will dated 28th November, 1940. This will is Ex. P-I and has been proved by its writer, P.W. 1. Under the will, it is provided that the plaintiff Thenappa should get the Bank shares transferred in his own name and manage all the family properties as guardian for the other male children till they attain majority; he was to collect the outstandings and pay the debts due and was also to sell, purchase or transfer all movable and immovable properties at Karaikudi as he considered proper.

2. On 30th December, 1940 the plaintiff applied to the Bank for transfer of the 402 shares in his name, relying on the will, a registration copy of which he enclosed.

3. This letter is Ex. P-2. The defendant Bank recorded the copy of the will in their books and returned it to the plaintiff. As the transfer of the shares was not effected, the plaintiff, who had by that time gone to Burma and the Federated