Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Judicature at Allahabad
  4. /
  5. 1920
  6. /
  7. January

Sheo Das vs Rama Nand Bharti And Ram Khelawan ...

High Court Of Judicature at Allahabad|19 November, 1920

JUDGMENT / ORDER

JUDGMENT Walsh and Ryves, JJ.
1. This order was clearly right. We cannot improve upon the admirable judgment of the lower appellate court. There is obviously a serious question as to whether the plaintiff can establish a charge for more than Rs. 201, the only ground upon which he suggests it in his plaint being an allegation of negligence on the part of the defendants, in paragraph 6, But in this case notice is clearly found, and in the authorities relied upon there was no notice. Great reliance has been placed upon the decision in the case of Gur Dayal Singh v. Karam Singh (1916) I.L.R. 38 All. 254, in which case there was no notice, and particularly upon the dictum contained on page 260 of the judgment, where it was said that in a case where by an agreement part of the consideration is left in the hands of the vendee to pay a creditor, such agreement and the money payable thereunder is not "unpaid purchase money." That dictum was Hot necessary for the decision of that case, and we think that probably at some future date it will require further consideration. The appeal must be dismissed with costs.
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Sheo Das vs Rama Nand Bharti And Ram Khelawan ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
19 November, 1920
Judges
  • Walsh
  • Ryves