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1954 Supreme(Raj) 47

DAVE, WANCHOO
Ratanlal – Appellant
Versus
Bhairudan – Respondent


Advocates Appeared:
B.B. Desai, for Applicant; Chandmal, for Opposite Party

Wanchoo, C.J.—This is an application by Ratanlal for grant of a certificate for leave to appeal to the Supreme Court under Art. 133(1)(a)(b) and (c) from the judgment of a Division Bench of this Court in Civil Revision No. 41 of 1951 to which one of us was a party, dated 13th of May, 1952.

2. A short history of the litigation leading up to the present application may be given. Ratanlal, the present applicant, and his brother Ranchhor Dass (now dead) obtained a monopoly to start a wool press from the former State of Bikaner, in 1928. As they had no capital, they took a loan from Kaluram Chauthmal. There was some dispute with respect to that loan, and an arbitration award was made in June, 1930. By that arbitration award Ratanlal had to pay Rs. 73,000/- to Kaluram Chauthmal within a certain time. If the payment was made, the press was to become the property of Ratanlal and his brother. But if the payment was not made within the time allowed, Kaluram Chauthmal were to ray Rs. 10,000/- to Ratan Lal and his brother and were to become the owners of the press. Ratanlal and his brother took Rs 73,000/- from Bhairu Dan, and paid off Kaluram Chauthmal. They also took a further sum of Rs. 11,0













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