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1923 Supreme(All) 39

Mt. Rameshra – Appellant
Versus
Kalpoo Rai – Respondent


JUDGMENT

Stuart, J. - It is found on the facts that Mahabir Rai son of Gaya Rai and Kalpu son of Ram Baron eon of Gaya" Rai were, in 1908, members of a joint Hindu family. On the 23rd of January 1908 Mahabir Rai sold a portion of the joint family property, in which Kalpu had interests, to three woman called Rameshra, Subhadra and Talouda for Rs. 750/-. In 1908 Kalpu was about 9 years old. In 1919, when he had attained the age of 20, he instituted a suit against the vendees of Mahabir Rai for possession over a half (sic) of the property transferred. (sic) lower appellate Court has decreed the claim. The Rs. 750/- was made (sic) of fire items: Rs. 303/10/- left with the vendees to pay off the amount due on a mortgage deed of the 6th of May 1906: Rs. 199/15/- left with the vendees to pay off a mortgage deed of the 11th of June 1902; Rs. 99/15/- left with the vendees for payment of a mortgage-deed dated Jeth badi 13, 1309; Rs. 96/7 price of grain with interest previously purchased and Rs. 50/1/- previously advanced by the vendees to the vendor. The lower appellate Court rightly applied the principles laid down in the case of Sahu Ram Chandra v. Bhup Singh [1917] 39 All. 437 (P.C.) as su

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