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1923 Supreme(SC) 26

LORD SUMNER, AMEER ALI, LORD PHILLIMORE, SIR JOHN EDGE
ANNADA MOHAN ROY – Appellant
Versus
GOUR MOHAN MULLICK – Respondent


Advocates:
Solicitors for appellant:Chapman-Walker & Shephard. Solicitors for respondent: Watkins & Hunter.

Judgement

Consolidated Appeal (No. 10a of 1921) from a judgment three decrees of the High Court in its appellate jurisdiction (April 22, 1921) affirming decrees of the Court in its original-jurisdiction.

The three suits giving rise to the consolidated appeal were brought by the appellant in the High Court against the respondents severally in the following circumstances.

Gopal Lal Seal, a Hindu governed by the Dayabhaga, died childless in 1902 leaving two widows and five nephews, including among them the three respondents. After his death a will was propounded by which the greater part of the property of the deceased was devised to his nephews, including the respondents. That will was pronounced by the High Court to be a forgery.

On May 7, 1908, while an appeal to the Privy Council was pending, the appellant and the respondents severally entered into agreements now sued on. These agreements were to the same effect, and it is sufficient to refer to that with the first respondent. In consideration of payments of Rs. 300 a month, which the appellant had been making to the respondent and agreed to continue, the agreement provided "I, Gour Mohan Mullick, shall convey in your favour whate




















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