RALYARAM MELARAM A FIRM Vs. KALURAM AGARWALLA

JUDGEMENT

(1.) This is a petition for revision of an order made by a learned Subordinate Judge of Asansol ordering the defendants to supply certain particulars of the written statement filed by them.

(2.) A suit was filed by the plaintiffs in the Court of the Subordinate Judge in which they prayed for the cancellation of a lease dated 21st May 1946, executed and registered by a predecessor of the plaintiffs. It was alleged that on 22th April 1946 the predecessor of the plaintiffs as karta of a joint family entered into an agreement with defendant 2 for the grant of a lease of certain coal bearing lands. On 21st May 1946, this lease was actually executed by the predecessor of the plaintiffs.

(3.) The plaintiffs alleged that at the time of the agreement another lease was produced and it was agreed that the terms of the proposed lease would be the same as those in the lease which was produced. Defendant 2, it is said, was to draft the lease which he did. The allegation is that he presented a draft lease to the plaintiffs' predecessor representing that its terms were in accordance with the lease which had been produced by the plaintiffs earlier. The plaintiffs relying upon the representation executed the lease which was later registered, but then found that the terms were very different from the terms of the lease which were to be copied in the lease in question.