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1921 Supreme(Nagpur) 32

DRAKE BROCKMAN
MANGULAL – Appellant
Versus
NANHI – Respondent


Advocates Appeared:
G L Subhedar, K V Deoskar, S B Gokhale, Advocates

JUDGMENT

Drake Brockman—The facts of this case may be briefly stated as follows. The plaintiff Nanhi with her two sons Haziralal and Gorelal, of whom the latter is still a minor, owned a part of certain premises in Mouza Godola, the rest of which belongs to the minor Dhannalal, the son of Nanhis deceased brother Motilal. Dhannalal lives at Khurai, 5 miles from Godola, with his paternal uncle, Mangulal, who is his natural guardian. Dhannalal was only 6 years old when the suit was fi1ed in March 1920. Early in 1917 Mangulal decided to sell Dhannalals part of the premises as the minor did not require it. A purchaser was found for Rs. 240 in one Khushal chand, but before the sale could be completed Mt. Nanbi and Haziralal deposited Rs. 240 with Mangulal on the understanding that Dhannalals house would be sold to them and Gorelal for Rs. 300 if Khushalchand could be induced to relinquish his claim. Khushalchand on being approached agreed to relinquish his right but the plaintiffs did not carry out the bargain. The suit was brought to recover the sum deposited with interest on the ground that there was no binding agreement on the plaintiffs part to purchase the house and that even if such








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