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1909 Supreme(All) 42

GEORGE KNOX, RICHARDS
Shiam Lal – Appellant
Versus
Ram Piari – Respondent


JUDGMENT

1. The suit which has given rise to this appeal was brought by the appellants to recover Rs. 346- 1 from the defendants and for sale of a shop alleged to be the property of the defendants. The facts are these. The said shop belonged to two brothers, Bhagwan Das and Chhote Lal, who mortgaged it to Matru Mal and Basdeo in 1903. They died leaving them surviving Musammat Hulaso, their mother, Musammat Ram Piari, widow of Chhote Lal, and Musammat Goma, daughter of Bhagwan Das. On the 20th of September, 1905, a sale-deed is alleged to have been executed in favour of the plaintiffs in respect of the said shop for a consideration of Rs. 600 by Hulaso and Ram Piari. It has been found that Ram Piari was a minor at the date of the sale and is still a minor. The Sub-Registrar, before whom the sale-deed was presented for registration, being also of opinion that Ram Piari was a minor, refused to register it as a document executed by her. The plaintiffs say that out of the amount of consideration for the sale they paid Rs. 100 in cash and Rs. 231 in discharge of the mortgage held by Matru Mal and Basdeo and they seek to recover the said sums with interest not only from the defendants pers

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