Mumbai Court March 1884 Judgments

Pitamber Ratansi Vs. Jagjivan Hansraj

Court: Mumbai

Reported in: (1889)ILR13Bom131

Scott, J.1. This is a suit of a very unusual character. It is brought for the recovery of the balance of the sum of Rs. 5,000 which the plaintiff alleges to be due under an agreement made on the 3rd October, 1864, between him and the representatives of one Jagjivan Hansraj. Jagjivan was the eldest of three brothers whose mother had been put out of her caste he Lovana caste, for misconduct. The re-admission of the sons, together with their marriage to girls of the caste, was the subject-matter of the agreement. At the date of the agreement and down to 1869 the plaintiff was head of one of the sections and manager of the whole caste. Previously to this agreement of 1864, on which the present suit is brought there had 'been an earlier oral agreement of which an abstract is found signed by the parties in the plaintiff's books, dated the 12th April 1862-This first agreement was made between Jagjivan, his father and his brothers, and not only the plaintiff on the other side but also the head...