SHANKARLAL PATWARI Vs. HIRALAL MURARKA

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court at Calcutta in its Civil Appellate Jurisdiction dated 23 February 1944, reversing a judgment and decree of the said High Court in its Original Civil Jurisdiction in favour of Mangtulal Bagaria, the predecessor in title of the appellant, whereby it was ordered that the adult defendants personally and the infant defendants out of their shares in their joint family estate should pay to the said Mangtulal Bagaria the sum of Rs. 73,186 with interest and costs.

(2.) The facts leading up to the suit out of which this appeal arises are long and complicated and have been related in the judgments delivered by the learned Judges in the Court of Appeal in India. No useful purpose will be served by repeating them. The only matter which has been argued in this appeal relates to what was the exact decision given by the trial Judge, Ameer Ali J.

(3.) The suit was a suit by Mangtulal Bagaria for royalties due under a lease made in the year 1920 by Popat Velji Rajdeo of whose estate the said Mangtulal had been appointed manager by the Court. The defendants were the lessees under the lease or their representatives and are the respondents in this appeal. The defence of the lessees was that the lease had been surrendered in July 1933. In answer to this defence the plaintiff challenged the surrender and also pleaded that the point was covered by res judicata.