SOBHAGMAL GIANMAL Vs. MUKUNDCHAND BALIA

JUDGEMENT

(1.) THE question in this appeal is whether the contract between the appellant and the respondent, sought to be enforced in the suit, was a wagering contract, and, therefore, under the provisions of Section 30 of the Indian Contract Act, void and incapable of being enforced.

(2.) THE respondent (the plaintiff in the suit) carries on business in Bombay as a merchant and agent on commission.

(3.) DURING the years 1914 and 1917 the respondent acted in the transactions in question as commission agent for the appellant on what are known in Bombay on cutcha adatia terms, the appellant being his up-country constituent.