SHAIK ABDUL KARIM Vs. THAKURDAS THAKUR

JUDGEMENT

(1.) The appellant, Shark Abdul Karira was defendant in a suit brought by the plaintiff Thakurdas Thakur to set aside a sale of certain property held in execution of a decree dated 6 June 1922 passed by the Small Cause Court. The plaintiff in the Small Cause Court suit was the respondent. Haji Meah Mahomed and he brought his suit against Sudhamoyee Dasi, mother of Thakurdas Thakur who was at that time a minor and against the minor himself. The suit was brought for the recovery of the balance of sum Rs. 2,000 which was the subject- matter of a document dated 23 January 1919.

(2.) It appears that the father of the minor was one Ramlal who died in 1903. He left a son Kanai by a wife who had predeceased him, and Thakurdas Thakur was not at that time born. Sudhamoyee, however, after hi3 death gave birth to a posthumous son and under the will of Ramlal his property went to his two sons. A partition suit was brought in 1910 and as a result of that certain premises now in question No. 3/1 Marcus Square were allotted to the plaintiff. This process was complete in the year 1911. In these circumstances, the mother Sudhamoyee being apparently in need of money obtained advances from Haji Meah Mahomed in 1918 and early in 1919. Apparently the first advance was of Rs. 300, the second was of Rs. 100 and at the time of the document of 23 January 1919 a further sum of Rs. 1,600 was advanced.

(3.) Now the document in question which was registered is in the form of a receipt and it is signed by Sudhamoyee without any further description than that she was the widow of Ramlal. The receipt purports to be a receipt for Rs. 2,000 on the term that the sum would be paid by deduction of Rs. 20 each month out of the rent payable by Haji Meah Mahomed for No. 3, Marcus Square the rent of which would not be enhanced until repayment of the full sum. It provided If before payment of the said amount received Government acquire the land Haji Meah Mahomed will be entitled to be paid his money in the first instance from the compensation to be paid.