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1959 Supreme(MP) 307

A.H.KHAN
GULABCHAND KAPOOR CHAND – Appellant
Versus
CHHATARSINGH – Respondent


Advocates Appeared:
Bhagwan Swaroop, J.M.Anand

A. H. KHAN, J.

( 1 ) THIS second appeal was filed before the Rajasthan High Court. On the reorganisation of the States, this case was transferred to the Madhya Pradesh High Court where it is being decided now.

( 2 ) THE short facts of the case are that one Bhola Singh, father of the two plaintiffs Chhatar Singh and Daulatsingb, pawned some ornaments with Gulab Chand defendants in year 1920. In 1925, Gulab Chand brought a suit against the present plaintiffs (who were minors) along with his other three brothers, who were majors for the sale of pawned articles and the repayment of his debts. In that case a compromise was effected whereby the defendant was allowed to keep the ornaments and thus the debt arising out of the pledge was liquidated. In other words the elder brothers of the plaintiffs thought that the ornaments when sold would not fetch the amount due on the pledge and that perhaps they may have to pay more to the pawnee out of their own pocket. A decree in terms of the compromise was passed by the trial Court in 1926. In 1944 the present plaintiffs, who were minors then, and whose ages at the time of this suit are 28 years, 30 years respectively, filed the present suit on t





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