( 1 ) THIS is an appeal under S. 23 of the Madhya Bharat High Court Act from a decision of Menta, J. , of the Madhya Bharat High Court in Civil First Appeal No. 95 of 1948. By that decision the learned Judge modified the decree of the District judge, Sailana, and gave to the plaintiff-respondent a decree for Rs. 1,316-4-0 and for the recovery of certain shares or in lieu thereof a sum of Rs. 745 as the value of the shares from the appellant.

( 2 ) THE facts and circumstances giving rise to this appeal are that Santokhbai instituted a suit against Bherulal on 31st December 1946, for the recovery of a sum of money on account of various items amounting to Rs. 2,705-14-6 on he allegation that Bherulal's father Kashiram was her Mukhtar-Am and used to look after her business affairs and receive Galla on her behalf; that Kashiram died on 13th February 1943, without explaining to her the accounts of her business; and that Bherulal was thereafter asked to render the accounts but he did not do so. On 5th December 1944, Santokhbai had filed a suit for rendition of accounts against bherulal. That suit was dismissed by the trial Court on 5th December 1946, on the ground that a suit fo