R. A. Pushong vs Munia Halwani - 1868 Supreme(Cal) 180

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1868 Supreme(Cal) 180

R. A. Pushong – Appellant
Versus
Munia Halwani – Respondent

JUDGMENT

Phear, J. - No more unconscionable case than this certainly has it been my lot to meet with since I have sat upon the Bench of this Court. There can be no doubt that the Lower Appellate Court is entirely right in its conclusions, but it might very well have founded its decision upon higher ground than that upon which it has felt it sufficient to place it. The defendant is resisting a claim to possession of a certain house which is made by a lady who was admittedly his client, in the matter of certain proceedings in the Lower Courts, wherein he had undertaken to do his best as a mookhtear, and as a person skilled in the practice of the Courts, to recover for her the property of which this forms a portion. It seems that the proceedings, which he took as her agent, were successful, and that he got possession on her behalf; but he now seeks to keep that possession adversely to her, and to retain the house for himself. He justifies this conduct, on his part, by saying that he is entitled to hold the property as his own under a contract which he entered into with the plaintiff, preliminary to his undertaking the conduct of her affairs. But as he has met with one insuperable diffi

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