VASSANJI KHIMJI Vs. SHAPURJI BURJORJI BHARUCHA

JUDGEMENT

(1.) The question in this case turns simply upon the construction of a very short document. It is f" addressed to the appellants, and is in these words:-" In consideration of your having at my request acceded to the proposal of the Secretaries, Treasurers, and Agents of the Tricumdas Mills Company, Limited, to advance to the Mills a sum of Rupees one lac and fifty thousand, I hereby bind myself to you to procure a loan within two weeks of Rupees eleven lacs as the first mortgage of the Mills block property, and to pay to you thereout the said sum of Rupees one lac and fifty thousand agreed to be advanced by you to the Mills."

(2.) Everybody is now agreed that what took place after the execution of that document can have no bearing on the construction of it. All that the admitted evidence shows is that the appellants wanted some real and substantial security for their advance. They advanced the lac and a half, and the only question is, what is the meaning of this guarantee ? Does it mean that all that the respondent undertook was that he would find somebody willing to lend eleven lacs on a first mortgage of the Mill and that he was to do nothing further except, if that arrangement was carried through, he would pay to the appellant out of the loan a lac and a half?

(3.) Various constructions have been suggested. The one which Sir Robert Finlay, for the respondent, finally adopted is the one on which the Judges in the appeal Court relied. They say they agree with the respondent when he says " that all he had undertaken to do was to procure the lending of eleven lakhs if a first mortgage of the Mill was given, and to pa] thereout Rupees one and a half lacs to the plaintiff."