MANOHAR PERSHAD, J.

( 1 ) O. S. No. 2/1 of 1953-54, out of which this first appeal ore behalf of the defendant arises, was instituted by the respondent herein, a minor, through his guardian Aziz Khatoon, the mother, for recovery of a sum of (O. S.) rs. 10,000, alleging that the defendant who was his distant relative was in need of money and in that connection approached his mother and represented to her that her husband, Khaja Kamaluddin, Jagirdar, was addicted to drinking, due to which it was difficult to obtain the amount of the jagir deposited in the Court of Wards and if she proposed to the Court of Wards that she wanted to purchase a house in the name of her son, she would be able to get the amount lying in deposit there and on that pretext he proposed to sell his house together with the garden (Khana bagh) bearing No. 678 at New Malakpet, Chanchalguda, Hyderabad, in consideration of Rs. 86,000 (O. S.) after obtaining a sum of Rs. 10,000 by way of loan and executiag an agreement of sale dated 13th May, 1950. It is the further case of the plaintiff that the defendant promised that he would obtain the amount from the court of Wards through his influence, and although the plainti

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