TARAN SINGH HAZARI Vs. RAMRATAN TEWARI

JUDGEMENT

(1.) This suit was brought by the Court of Wards on behalf of Ramratan Tewari, a ward of the Court, to recover from the defendant the amount due on a mortgage bond executed in favour of the guardian of the minor, Gauri Debi, who was also the executrix of the will of the minor's father, Shib Lal Tewari. This bond bears date 7 April 1888.

(2.) In his defence the defendant pleaded that the suit could not be brought by the Court of Wards, first because Ramratan Tewari was a major, and secondly because Gauri Debi having taken out probate of the will and being the executrix appointed under the will was the only person legally entitled to sue. A third point was taken that by an agreement made by Gauri Debi with the defendant on 29 Falgoon, 1253 Maghi, whereby it was agreed that she should purchase certain landed property belonging to defendant for Rs. 40,000, and that the money due on mortgage bond in suit and certain other moneys should be accepted as earnest money for the purchase, the right to sue on the mortgage bond had been extinguished. Both lower Courts held that the document which contained the alleged agreement, not being registered, was inadmissible in evidence, and the first Court went so for as to hold that it was not genuine.

(3.) Both Courts further held that Ramratan Tewari was a minor, that the Court of Wards had power to bring the suit on his behalf, and decreed the plaintiff's claim with costs. Defendant has appealed.