MATUBHAI JAMEITRAM Vs. CUSTODIAN OF EVACUEE PROPERTY BOMBAY

JUDGEMENT

(1.) THIS is a Chamber Summons taken out by the Applicants who are a firm of Solicitors against their own clients for certain reliefs by way of a declaration of a lien for payment of their costs and for an order for payment of their costs. It will, however, be necessary for me later to set out and discuss the exact reliefs prayed for by this summons as the same are in dispute.

(2.) THIS suit was originally filed on 27-11-1948 by one Adam Haji Pirmahomed Essak as the sole Plaintiff claiming damages for breach of a contract. The applicants were the Solicitors of the Plaintiff. During the pendency of this suit in July 1952 the applicants came to know that the Plaintiff had been declared an evacuee. The applicants therefore wrote a letter dated 18-7-1952 to the Assistant Custodian of Evacuee Property, Bombay setting out shortly the facts relating to this suit. The applicants further wrote:

(3.) IT would appear that thereafter there was a telephone conversation between the Assistant Custodian and one Parpia a partner of the applicants which the applicants by their letter dated 31-7-1952 addressed to the Custodian recorded as follows: