CHARLES AGNEW TURNER Vs. ABDOOL HOOSEIN ZENAIL ABADIN

JUDGEMENT

(1.) THE suit in which the judgment under appeal was pronounced was instituted in the year 1881 in the High Court of Bombay, Original Civil Jurisdiction, by the present Respondent as assignee of the estate and effects of Mahomed Rahim Shirazee, an insolvent, against the heirs and legal representatives of Hajee Zenail, to recover, with interest, a lac and a half of rupees, received by him under a compromise made in 1875.

(2.) THE facts of the case, prior to the negotiations in 1870, may be shortly stated almost in the words of the judgment of the Appellate Court.

(3.) THE power of attorney by the children was dated the 23rd of December, 1857, and authorized Zenail to recover, hold, take care of, and guard all the property to which they were entitled, and to appoint any other person as attorney.