JIWAN SINGH Vs. MISRI LAL

JUDGEMENT

(1.) THE question is not so much what is the legal construction of the deed as what must Jaikishan be deemed to have consented to. It is a very stringent equity that is sought to be enforced against him arising out of an alleged consent.]

(2.) HE consented to the express terms of the deed, which were that the purchaser should become absolute owner, and which the High Court must have overlooked when it said there was no expression to that effect. Jaikishan subsequently took a mortgage of the estate from the purchaser. Hobhouse, J.

(3.) THERE is evidence of subsequent conduct both against Jaikishan and Meghraj shewing that they consented to the transaction.