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1940 Supreme(Nagpur) 30

PURANIK
TIKKI LAL JAITHU TELI – Appellant
Versus
KOMALCHAND – Respondent


JUDGMENT

Puranik, J—The plaintiffs sued the defendants for recovery of Rs. 987. Their case is that defendant 1 Gulabohand with the other defendants as sureties sold to them a half share in a house in Seoni for a consideration of Rs. 600 on 5th November 1932 under a sale deed (Ex. P-l) arnd placed them in possession thereof after receiving Rs. 150 on the date of registration and Rs. 50 on 6th May 1932, the balance remaining in deposit with them; defendant 1 and his sureties represented to the plaintiffs that defendant 1 was a major when the sale deed was executed, and acting on that representation the plaintiffs parted with Rs. 200 and became the purchasers. The plaintiffs allowed defendant 1 to remain in possession of the house as their licensee, but taking advantage of his possession he sold the house to one Hukumchand on 7th April 1937, and it was then that the plaintiffs learnt on enquiry that defendant 1 was a minor on the date of the sale in their favour and that a false representation was made to them that he was a major. The plaintiffs now realizing that the sale in their favour was void claim Rs. 200 paid by them to defendant 1 together with damages which they suffered on ac












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