PUNJAJI Vs. JAIRAM

JUDGEMENT

(1.) SUBHEDAR , A.J.C. 1. The facts necessary for the disposal of this application for revision are these; Mt. Zagai was the paternal grandmother of defendant 1 Jairam. On 15th February 1906 she had executed a mortgage of a field in favour of one Udebhan who in Civil Suit No. 678 of 1910, having secured a final decree for sale on the basis of the said mortgage got the field sold in execution of the decree and one Shankar purchased it. By successive transfers the field ultimately came in possession of defendants 2 to 5

(2.) AFTER attaining majority defendant 1 filed Suit No. 122 of 1927 against defendant 2 to 5 for possession of the aforesaid field on the ground that his grandmother had no right to mortgage it and that the decree obtained on the basis of that mortgage and the subsequent sales were not binding on him. The plaintiff in the present suit had supplied funds to defendant 1 for the purpose of that litigation and in consideration thereof defendant 1 had given an agreement to the plaintiff, the principal terms whereof were that defendant 1 would not compromise that suit with defendants 2 to 5; and that when the suit was successful he would convey the field in dispute to the plaintiff for Rs. 100. In default of his carrying out the terms of the agreement defendant 1 had agreed to pay to the plaintiff Rs. 1,000 by way of damages.

(3.) DEFENDANTS 2 to 5 resisted the plaintiff's claim on the ground that on the facts alleged the plaintiff had no cause of action against them. Upon the pleadings the following preliminary issues were settled for trial: