JUDGMENT

Derbyshire, C.J. - This is an appeal by the defendant in the suit against a decree passed by Ameer Ali J. pursuant to a judgment delivered on 2nd June 1937 whereby he, in effect, ordered rescission of a contract for the sale of a share in some property. The plaintiff is a young man of thirty and the defendant is described as the cousin of the plaintiff and 49 years of age. In the year 1931 the plaintiff had come into a little money from his father who had recently died and he was living with the defendant. Whilst he was there he entered into an agreement with the defendant for the purchase by him from the defendant of 1/32nd share in some property described as the Dinhata Jute Company in Cooch Behar for the sum of Rs. 12,500. The plaintiff says that he was induced to enter into that contract by the fraud of the defendant and asks that the contract be rescinded. In his claim originally the plaintiff stated that the defendant made various misrepresentations to him, but only one was specified, namely that the defendant represented to the plaintiff that the Municipal value of the Dinhata Jute Company was four lacs of rupees. The plaint was filed on 2nd August 1934. On 30th Augu