LINDSAY, RAFIQUE
Chaubey Baldeo Prasad – Appellant
Versus
Bindeshri Prasad – Respondent
JUDGMENT
1. It appears that one Ganesh Prasad was under the Court of Wards for several years up to the time of his death in May 1914. On the 7th of January 1912 and 10th of April 1912 be executed two promissory notes in favour of Chaubey Baldeo Prasad for consideration carrying interest at the rate of Rs. 1-6-0 per sent, per mensem. Ganesh Prasad died leaving a Will by which he leit his estate in charge of certain trustees. The Will of Ganesh Prasad was contested by his son Bindechri Prasad who in the and was successful in having it set aside. The Court of Wards continued in possession of the estate till the 19th of December 1914, On the 5th of October 1914 there was a compromise between Bindeshri Prasad and the trustees appointed under the Will of his father. On the 6th of October 1914 Bindeshri Prasad executed a simple money bond in favour of Baldeo Prasad in lieu of the moneys due on the two promissory, notes given by his father on the 7th of January 1912 and 10th of April 1912 to Baldeo Prasad. The amount due on the said two promissory-notes on the 6th of October 1914 was found to be Rs. 9,261.89. The bond carried interest at the rate of Re. 1 per cent, per mensem. On the 6th of
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