U.C. Law, J. - (1.) Sm. Sumitra Debi Jalan (the plaintiff) is the daughter of a Radha Kissen Kanoria who is the Managing Director of Kanoria and Company, Ltd. Her case is that she purchased and took delivery of 5,100 ordinary shares of the Rohtas Industries, Ltd., through her father. The share-scrips in respect of these shares together with the relevant blank transfer-deeds duly signed and endorsed by the registered holders were kept in the office of Kanoria and Company, Ltd. In her plaint she admits that she had not registered herself as the owner of these shares in the books of the Company, i.e., Rohtas Industries, Ltd.
(2.) It is stated that the defendant No. 1 was at the material time an employee of Messrs. North Bihar Sugar Mills, Ltd., of which Kanoria and Company, Ltd., was the managing agents. On or about the 3rd week of May, 1954, the said share-scrips together with some other shares were found to be missing from the office of Kanoria and Company, Ltd., when the defendant No. 1 was on leave and it transpired as a result of enquiries made in that respect that the defendant No. 1 had stolen the said sharescrips from the office of Kanoria and Company, Ltd., and had decamped with the same. Thereupon the defendant No. 1 was dismissed from the service of the North Bihar Sugar Mills, Ltd., on 27 May, 1954, the plaintiff caused a notice to be sent to Messrs. Rohtas Industries, Ltd., of the theft of the sharescrips and requested them not to have the sharescrips registered in any name other than that of the plaintiff. She also caused an information to be lodged with the police whereupon the said defendant No. 1 was arrested and was charged under S. 406 of the I. P. C. and in course of investigations the police authorities seized and recovered possession of 4,500 shaves out of the aforesaid 5,100 shares, but the remaining shares had not at all been traced.
(3.) The plaintiff next states that the defendant No. 1 after stealing the Rohtas Industries shares had dealt with them of which 4,500 shares have been seized from the custody of several of the defendants. She claims that the defendants or any of them have no title to the said shares and that a declaration be made that she is the owner thereof.;