1. Defendant in O.S. No. 699 of 1981 on the file of the District Munsif Court, Cuddalore is the appellant. Late Ali Hussain and the appellant are brothers. The plaint schedule property belonged to late Ali Hussain who died in a motor accident. Plaintiffs in this case are his widow and children.

2. Plaintiffs alleged that after the death of Ali Hussain, they settled down at Nagercoil and the properties were entrusted for management with the defendant. They fully believed the defendant that he would take proper care of the property and that he will account for the income. First plaintiff was paradanishin widow and the children were also minors.

3. On the above circumstances, they had to rely on a male person to look after the properties of late Ali Hussain. Defendant also volunteered to look after the properties, but, thereafter, a misunderstanding arose between the defendant and the plaintiffs and the plaintiffs thereby demanded for settlement of accounts regarding the income which the defendant had derived from the properties. Suit notices were issued for which reply were sent. But, the accounts were not settled and the suit was filed against the defendant for settling of