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1924 Supreme(All) 385

GRIMWOOD MEARS, PIGGOTT
Anantoo Kalwar – Appellant
Versus
Ram Prasad Tivari – Respondent


JUDGMENT

1. The essential facts to be considered may be stated thus: Two brothers, Sahdeo and Jagat, -were members of a joint Hindu family. We must take this fact as established by the findings which have been recorded, although there has been some argument to the contrary before us. Jagat died first, leaving two sons, Ram Das and Ram Prasad, of whom Ram Das was very considerably the older. Sahdeo has died since, leaving one son of the name of Ram Rup, who is a major, and another son named Lalji who was still a minor on the date of the institution of this suit. We may take it that, after the death of Jagat, there was in existence a joint Hindu family consisting of Sahdeo, his two sons Ram Rup and Lalji, and his two nephews Ram Das and Ram Prasad. On the 30th of June 1910 two members of this joint family were majors and the rest were minors. The two major members of the family, Sahdeo and Ram Das, joined in executing a deed of sale by which they conveyed certain property to the defendants in this suit for a consideration of Rs. 699. Of this they took Rs. 39-12-0 in cash, and the balance went to pay off two mortgages previously contracted in the years 1900 and 1905. The former of thes

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