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1922 Supreme(SC) 46

Data Ram Jani and others – Appellant
Versus
Basant Kunwar – Respondent


Advocates Appeared:
T. L. Wilson and Co., Gould, Franklin, Pyke

Sir John Edge :-

This is an appeal by the plaintiffs from a decree, dated the 3rd December, 1918, of the High Court at Allahabad, which reversed a decree, dated the 21st February, 1916, of the Additional Subordinate Judge of Benares and dismissed the suit. The plaintiffs are Data Ram Jani, Kirpa Ram Jani and Ganga Ram Jani, sons of Adit Ram Jani, deceased. Ganga Ram Jani was minor when the suit was brought.

The suit was wrought on the 27th March, 1915, in the Court of the Subordinate Judge of Benares to obtain a decree against the defendant for Rs. 29,818 principal and interest and future interest. It was alleged in the plaint that Adit Ram Jani, who is dead and was the father of the plaintiffs, and the plaintiff Data Ram Jani, in 1911 and 1912 lent to the defendant, partly in cash and partly in the value of ornaments, various sums of money on promissory notes given by her to them, and that on the 28th March, 1912, she, in consideration of the moneys then due by her to them and a sum of Rs. 1,000 then lent by them to her, gave to them her promissory note for Rs. 21,925 and interest, and that the cause of action arose on the 28th March 1912.

The defence was an absolute denial of these


































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