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1943 Supreme(Nagpur) 61

POLLOCK
DAMODHAR JHINGOOJEE JAIN – Appellant
Versus
ALLABUX SHEIKH YEWRAJ – Respondent


JUDGMENT

Pollock, J—The plaintiff and four other persona purchased a certain orange crop from the defendant for Rs. 2200. Rupees 2000 was paid at the time of sale, and it was agreed that Rs. 200 should be paid at the time of taking delivery. Out of the Rs. 2000 paid Rs. 700 was returned to the purchasers for payment to one Devi Prasad, a creditor of the defendant. When the purchasers attempted to take possession of the crop on the following day, they were resisted by Devi Prasad who had attached the crop in execution of a decree against the defendant's predecessor in title. The amount due to Devi Prasad was Rs. 1600 and he refused to give up possession unless Rs. 1600 was paid to him. In these circumstances the purchasers were unable to obtain possession. Subsequently the other purchasers transferred to the plaintiff their right to recover their share of the consideration that had been paid. The lower Courts have held that the purchasers were unaware of the nature of Devi Prasad's claim and they had not agreed to hold the defendant free from liability in respect of such claim. Those findings cannot now be challenged. The lower Courts have held that the plaintiff is entitled to recov



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