Judgement

Appeal (No. 26 of 1939) from a decree of the High Court (March 18, 1937) reversing a decree of the Subordinate Judge, 1st Class, Delhi (October 30, 1935).

The question which arose in this appeal was whether an agreement entered into on October 2, 1920, between one Saleem Mahomed Shah, who died on September 17, 1925, and the appellant, Lala Ram Sarup, and the fourth respondent, Lala Alopi Parshad. whereby the two latter, who were business partners, in consideration of having a specified share in the property recovered, if any, agreed to finance litigation by Saleem Mahomed Shah in which he sought to establish that he was the legitimate son of Shahzada Mirza Souriya Jah, of the Moghul dynasty, and entitled to possession of his late fathers property, was binding on the first three respondents, who were the Court of Wards, and Saleem Mahomed Shahs widow and daughter, all of whom had refused to recognize the claim under the agreement. Saleem Mahomed Shah, in his action, had succeeded, by a decision dated May 10, 1925, in establishing his legitimacy, and had been awarded possession of seven-sixteenths, amounting to Rs.88, 753, of the estate of his late father.

The appellant and