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1950 Supreme(All) 247

AGARWALA, P.L.BHARGAVA
ANGNEY LAL NARAIN DAS – Appellant
Versus
ANGNEY LAL MUNNI LAL – Respondent


Advocates Appeared:
G.Kumar, M.L.CHATURVEDI, R.B.AWASTHI, R.B.Jain

AGARWALA, J.

( 1 ) THIS is a defendants appeal arising out of a suit for recovery of money on the basis of a simple mortgage bond. The facts found and not now in dispute are as follows: One Narain Das was possessed of considerable property. He died in 1910 leaving his widow Shrimati Chironja. Defendant-appellant l, Angne Lal, was Narain Dass posthumous son. During Ms minority, shrimati Chironja was appointed his guardian. In 1916 she died and then one Baldeo Prasad, maternal uncle of Narain Das, was appointed guardian. Narain Das in his life-time used to carry on money-lending, cloth and corn business. After his death, the said business could not be continued. When Baldeo Prasad was appointed guardian, in 1916, he started Kirana and cloth business on behalf of Angne Lal, minor. This business was carried on in one of the shops belonging to Narain Das after ejecting tenants from it. In 1927 Angne Lals first son Ram rakshpal, defendant 2 was born and then his second son Mool Chand was born. Angne Lal attained majority in 1931 and continued the said business which bad been started by Baldeo prasad. On 26-10-1931 he borrowed a sum of Rs. 1,000/- from the plaintiff-respondent by executin

















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