Ram Prasad-Shyam Sundar Lal vs Ramji Lal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1927 Supreme(All) 262

Ram Prasad-Shyam Sundar Lal – Appellant
Versus
Ramji Lal – Respondent

JUDGMENT

1. This is a defendant's appeal arising out of a suit for money that is, certain profits on "khatti" transactions, a sum of money deposited by the plaintiff with the defendant, his commission agent, by way of cover or security, and lastly, interest on the above sums. The facts are simple. The plaintiff employed the defendant as his agent to carry on what were admittedly wagering transactions dealing with the nominal purchase and sale of khattis." We are not concerned with considering the nature of the transactions between the plaintiff and the third party. So far as they were concerned the transactions were admittedly of a wagering nature, The suit is between the plaintiff, principal, and the commission agent, and in view of the decision of their Lordships in Sobhagmal Gianmal v. Mukundchand Balia AIR 1926 P. C 119 it is only with the nature of the transaction as between the plaintiff, principal, and the defendant commission agent, that we are concerned.

2. In the Privy Council case to which we have referred, the plaintiff-respondent was an agent on commission suing the defendant, who had instructed him to make certain contracts on his behalf. It was found by their Lordships

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