RAMDHANDAS JHAJHARIA Vs. RAMKISONDAS DALMIA

JUDGEMENT

(1.) IN this appeal, which is brought from a judgment and decree of the High Court of Judicature at Bombay in its Appellate Jurisdiction dated October 8, 1942, reversing two judgments and a decree of that Court in its Ordinary Civil Jurisdiction, their Lordships are confronted with an unfortunate difference of opinion upon what appears to be a pure question of fact. The Appeal Court (Beaumont C. J. and Chagla J.) reluctantly and with a full appreciation of the weight to be attached to the decision of the trial Judge (Kania J.), who had seen and heard the witnesses, felt constrained to take a different view of the facts from that which he had taken, and their Lordships are clearly of opinion that they were right in doing so.

(2.) THE substantial question can be shortly stated.

(3.) ON March 9, 1939, the company resolved to exercise their lien and notice of this resolution was duly given to the agency firm.