Sahu Madho Das And Others vs Pandit Mukand Ram And Another(And ... on 22 March, 1955
(23) The learned counsel for the plaintiff in the present case urged that there was a family arrangement between all the coparceners including defendant No. 1 as karta, that the plaintiff would be entitled to manage the Modern Industries during his life time, that the said allegation needed serious consideration and investigation, that the learned Additional District Judge had also found that there was some family arrangement on account of which the plaintiff was managing the aforesaid business since 1953-54, and that therefore, there was a prima facie case. The learned counsel also urged that it was not necessary that there should have been formal agreement in writing embodying the family arrangement and as held in Sahu Madho Dey and others vs. Mukand Ram and another , existence of family arrangement could be inferred from long course of a dealing. He pointed out that there were number of documents which indicated that the plaintiff was carrying on the business of Modern Industries much before the first power of attorney was executed in his favor on July 30, 1956 by defendant No. 1 which meant that the plaintiff was carrying on the business independently of any power of attorney and that he was managing the Modern Industries under alleged family arrangement.