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1940 Supreme(Nagpur) 75

STONE, NIYOGI
MANAKLAL BEHARILAL – Appellant
Versus
MT KISNI W/O NARAYANPRASAD – Respondent


Advocates Appeared:
B L Gupta, D T Mangalmurti, M N Gadgil, V R Gharpure, Advocates

JUDGMENT

1. This appeal is allied to First Appeal No. 26 of 1933 and Second Appeal No. 143 of 1936, Babulal Nandaram v. Maniklal Beharilal. The facts are stated at length in our judgment in First Appeal No. 26 of 1933. The facts that are material for the disposal of this appeal are that Mt. Bulki filed civil Suit No. 381 of 1883 to recover possession of 5 as. 4 ps. share of mouza Wathoda which she claimed on her mother's death, as the separate property of her father. As she had no resources she, on 8th October 1883, entered into an agreement with Maniram, Chhotelal and Umediprasad whereby they undertook to defray the expenses of litigation and she promised to give each of them a quarter share of the property that she would recover on her success. She succeeded in the suit in recovering possession of 2 as. 8 ps. share and transferred 8 pies share including some fields to each of the three financiers. The suit out of which this appeal arises was filed by the appellant to recover possession of this 2 annas share from the representatives of the original transferees. The question which arose in this suit was whether the agreement dated 8th October 1883 was justified by legal necessity. T





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