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1965 Supreme(Cal) 59

P.C.MALLICK
PRAMATHA NATH TALUKDAR – Appellant
Versus
MAHARAJA PROBIRENDRA M. TAGORE – Respondent


Advocates Appeared:
A.K.MITRA, B.DUTTA, D.GUPTA, D.N.DAS, Gautam Chakraborty, S.B.Mukherji, S.DAS, S.SEN, SANKAR BANNERJI

P. C. MALLICK, J.

( 1 ) THIS is a suit to establish title in six items of movables said to be of great artistic value, for possession thereof and for damages. The said goods are old curios originally belonging to the defendant Maharaja. On June 25, 1960 and on July 25, 1960 the plaintiff claims to have purchased the same from the Maharaja along with a number of other goods for Rs. 33,650 and Rs. 24,150. These goods at the dates of sale were lying in the Durbar Hall of the Tagore Castle belonging to the Maharaja defendant. The delivery of the goods was to be given on or before December 31, 1960. All the goods sold were taken delivery of by the plaintiff from time to time except the six items which are the subject matter of this litigation. It is alleged that shortly after the sale on September 17, 1960 the defendant Maharaja purported to have hypothecated a number of artistic goods lying in the same Durbar Hall to the defendant Madhodas Mundra. The plaintiff's case is that the movables sold to the plaintiff were not hypothecated to the defendant Madhodas Mundra. Be that as it may, the plaintiff's further case is that a suit was brought by Madhodas Mundra being suit No. 309 of 1961


















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