JAMES SKINNER Vs. R. H. SKINNER

JUDGEMENT

(1.) ONE Richard Skinner died in 1913 intestate, and his estate, which included immovable properties of considerable value, devolved upon his brother George Skinner and his sister Alice Skinner in equal shares. Richard Skinner was at the time of his death indebted to the Delhi and London Bank, and administration of his estate was granted to a Mr. Angelo, the bank's manager.

(2.) ON June 18, 1918, while the estate was still under administration, George Skinner executed in favour of Robert Hercules Skinner, the first respondent in this appeal, a document in the following terms: [The first sentence is torn out.] This day between Mr. (torn out) at present at Meerut of the one part, hereinafter called the first party, and Mr. R. H. Skinner of Hansi of the second part, hereinafter called the second party. Whereas Mr. G. C. E. Skinner, the said first party (paper torn), heir to the estate of his late brother, Mr. R. R. Skinner, and the said first party therefore as heir has a (paper torn) in the property allotted to the late Mr. R. R. Skinner by the decree of the District Judge, Delhi, of August, 1888, partitioning the joint Skinner estate; and in all the property he subsequently acquired. And that whereas my brother R. R. Skinner died in about August, 1913, and that since his death there has been constant trouble and long, expensive and ruinous litigations and family disagreement, etc., owing to which vendor has not been able to get possession up to date, nor gets any benefit from it whatsoever. That whereas now Mr. R. H. Skinner of the second part, hereafter called the vendee, has agreed to purchase all these properties left me by my said late brother, Mr. R. R. Skinner. Therefore I, G. C. E. Skinner of the first part, hereafter called the vendor, with my free will, wishes and consent do hereby sell all my share, I have inherited from my late brother, Mr. R. R. Skinner, to Mr. R. H. Skinner for Rs. fifty thousand, to keep the property in the family and for all what the vendee has done for me, it is therefore mutually agreed as follows: 1. That the vendee, Mr. R. H. Skinner, do pay to the said vendor, Mr. G. C. Skinner, Rs. one thousand as earnest money by cheque. 2. That as all this property is in the hand of Mr. Angelo, the administrator of the estate of my late brother, Mr. R. R. Skinner, the vendor will do his best to get the vendee full possession.

(3.) FROM the date of agreement all expenses for litigation now pending which, if the vendor chooses to hand over to the vendee or that may hereafter be filed by the vendee in the above matter, will be borne by the vendee.