KATHU JAIRAM GUJAR Vs. VISHVANATH GANESH JAVADEKAR

JUDGEMENT

(1.) The plaintiff stated in his plaint that he and one Shankar Shrikrishna Deo were engaged as pleaders by defendant No. 1 in Suit No. 273 of 1917 filed against him in the Court of the First Class Subordinate Judge of Dhulia by one Bhagwan Devidas; that on September 23, 1917, when the vakilpatra was given to them, defendant No. 1 made a special contract in the following terms :- I have this day given you a vakilpivtra in the above suit and agree to give you both Rs. 500 as Inam or reward in case you obtain full success for me in this or in the High Court, and would further give over to you possession of survey No. 58 of Shahada, comprising 3 acres and 36 gunthas and assessed at Rs. 30, for religious or charitable purposes.

(2.) It is admitted that Survey No. 58 was part of the property in dispute in the suit. The suit was dismissed in the first Court on March 22, 1919, but in the first appeal the High Court granted relief to the plaintiff with regard to a portion of his claim.

(3.) The trial Judge held that the agreement to give Rs. 500 as Inam or reward in wise the pleaders obtained "a full success" could be enforced. But with regard to the obligation on the first defendant to giveaway to the pleaders the lands for charity he thought the claim was not sustainable.