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Lakhmi Chand Vs. Tori Lal and ors. - Court Judgment

LegalCrystal Citation
SubjectContract
CourtAllahabad High Court
Decided On
Judge
Reported in(1875)ILR1All618
AppellantLakhmi Chand
RespondentTori Lal and ors.
Excerpt:
agreement - consideration--act ix of 1872 (contract act), ss, 23, 25. - turner, j.1. in our judgment the agreement is binding. it is registered, and the settlor thereby agrees that, in consideration of the recognition by the brothers of his rights in the property to which the deed relates, he will not sell, transfer, or hypothecate his share, and that should he desire to dispose of it he would convey it to them for rs. 800. there is no reason why such an agreement should not be enforced. if it was made out of natural affection it has been expressed in writing and duly registered. if the consideration was, as it purports to have been, the recognition of the settlor's right to share, there was a consideration. there is nothing to show that the agreement was made in fraud of the appellant. the appeal fails and is dismissed with costs.
Judgment:

Turner, J.

1. In our judgment the agreement is binding. It is registered, and the settlor thereby agrees that, in consideration of the recognition by the brothers of his rights in the property to which the deed relates, he will not sell, transfer, or hypothecate his share, and that should he desire to dispose of it he would convey it to them for Rs. 800. There is no reason why such an agreement should not be enforced. If it was made out of natural affection it has been expressed in writing and duly registered. If the consideration was, as it purports to have been, the recognition of the settlor's right to share, there was a consideration. There is nothing to show that the agreement was made in fraud of the appellant. The appeal fails and is dismissed with costs.


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