TALAKCHAND BHERAJI Vs. ATMARAM KESHAV VAIDYA

JUDGEMENT

(1.) The facts leading up to this suit are as follows : The plaintiff's who are four brothers executed a deed on May 30, 1907, purporting to convey the suit property to one Ramchandra Ganesh for Rs. 99. The sale-deed provided that if the vendors returned the sum of Rs. 99 with compound interest at the rate of one per cent, per mensem within one year the vendee should return the property and pass a legal document for the same with possession.

(2.) On August 12, 1910, the plaintiff's executed a sale-deed of the same property in favour of one Kesrichand Hiraji. The consideration was Rs. 150 which was made up by paying Rs. 72-8-0 the balance owing under the transaction of May 30, 1907, to Ramchandra and Rs. 77-8-0 to the plaintiffs, who still remained in possession. Kesrichand died leaving a minor son Fatehchand.

(3.) On August 10, 1912, Navalmal Hiraji, as guardian for the minor, conveyed the property to Talakchand Bheraji for Rs. 399 with possession. The four plaintiffs attested the deed.