BHOLA NATH SEAL Vs. BHUTHNATH SEN

JUDGEMENT

(1.) This is an appeal by the defendant Bhola Nath Seal against the judgment of my learned brother, Mr. Justice Page, who gave judgment for the plaintiffs.

(2.) The suit was brought in the first instance by Sreemutty Khettermony Dassee the widow of Hurry Churn Seal and, upon her death, Bhuthnath San and Preo Nath Sen, the executors of the last will and testament of Sm. Khettermony Dassee, were substituted as plaintiffs.

(3.) The prayers in the plaint are that a certain deed, dated the 19 of September, 1916 should be cancelled, that the defendant should be directed to convey to the plaintiffs certain premises, namely, 73-A, Baranashi Ghose's Street and 6T, Hidaram Banerjee's Lane, that the defendant should be directed to pay to the plaintiffs the sums he received on account of the profit and interest on certain Government promissory notes which by fraud and misrepresentation he induced the original plaintiff to endorse to him and there is a claim for an account and for a direction on the defendant to pay to the plaintiff what might be found due on the taking of such account.