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1917 Supreme(SC) 33

Mary Lilian Hira Devi – Appellant
Versus
Kunwar Digbijai Singh – Respondent


Advocates Appeared:
T.L. Wilson and Co., Gould, Franklin , Pyke, A.M. Dunne, Upjohn , B. Dube, DeGruyther

Sir John Edge:-

This is an appeal by the plaintiff in the suit from the decree of the 15th April 1914, of the High Court at Allahabad, which varied the decree of the 6th July 1912, of the Subordinate Judge of Moradabad.

The suit was brought to obtain a rectification of a deed of compromise dated the 27th October 1908, which was registered. The rectification was claimed on the ground that the plaintiff had been induced to consent to the deed by the false and fraudulent statements of the defendant that the deed contained the terms of compromise which had been agreed upon between them, and upon the further ground that after the deed had been executed, and before it was registered, the defendant had, fraudulently and without the knowledge of the plaintiff, inserted in the deed certain words to the effect that he should be the lambardar of the property to which the deed related. The principal and vital matter in dispute in this suit is as to whether the plaintiff and the defendant had agreed to a compromise by which the plaintiff should have an absolute property in one-half of the estate of which one Kunwar Randhir Singh had died possessed, or should have merely a life interest in a moiet

























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