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1926 Supreme(Mad) 393

K.SASTRI
T. Krishnajee Bhat – Appellant
Versus
Sadasiva Tawker – Respondent


JUDGMENT

Kumaraswami Sastri, J.

1. This is a suit by a minor plaintiff by his next friend against Defendants 1 to 8, who are alleged to be members of the firm Tawker & Sons, and the 9th defendant, the Official Assignee, who, it is alleged, represents the estate of the insolvent firm which became insolvent subsequent to the filing of the plaint, alleging that the firm of Tawker & Sons were trustees in respect of a sum of Rs. 10,000 deposited by the plaintiffs father with the firm in trust for plaintiff, that Tawker & Sons are now in insolvent circumstances and there was the danger of the money being lost; and, therefore, praying for the removal of the defendants from the trusteeship; for the appointment of a new trustee; and for directing the defendants to pay Rs. 10,000 with interest and for directing the Official Assignee to pay the same out of the assets of Defendants 1 to 8 in his hands.

2. The case of the plaintiff is that, in August 1919, the 1st defendant acted as mediator in a claim by the plaintiffs father against the late Nawab of Banganapalle and collected about Rs. 65,000 from the Nawab; that out of that sum a sum of Rs. 10,000 was deposited in trust with the firm of Tawker



















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