TMI Blog1932 (1) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... November 1924, by which the plaintiff purported to make over a valuable estate and other property to the defendant-appellant subject to certain conditions. The object of the suit was to set aside this deed on the ground that it was procured by undue influence and fraud. There are concurrent findings of both the Courts in India that this has been established, and they are undoubtedly findings of pure fact. It is not disputed that if they are to stand the appellant cannot escape the decree which has been passed against him. 3. The practice of this Board with regard to concurrent findings of fact is well established. Such findings will not be disturbed unless it is shown that there has been a miscarriage of justice, or the violation of som ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies sued for. The details were set out in three schedules annexed to his plaint. These are embodied in the decree of the trial Judge, which in this respect was confirmed by the Court of appeal. 7. He also claimed by his plaint mesne profits accruing during the possession of the defendant-appellant (hereinafter for convenience referred to as the defendant), the amount of which he estimated at five lakhs of rupees. There seems to have been no discussion upon this question in the trial Court, the learned Judge merely reciting an agreement of the parties that the issue as to the defendant's liability to account should be left to be dealt with in execution proceedings, which their Lordships understand to be in accordance with the usual pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under which the title to the properties passed to the defendant, and which had to be formally set aside. Before the institution of the suit the defendant could no doubt, have made a valid transfer to an innocent purchaser, but it by no means follows from this that as between him and the person he had defrauded his possession was not wrongful. To admit of such an assertion would be to allow him to take advantage of his own wrong, which no Court of equity will permit. 12. If the matter could be regarded as one of contract, their Lordships think that it would fall within the terms of Section 65, Contract Act, which provides that when a contract becomes void --and their Lordships would have no difficulty in holding these words sufficient t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been void from the beginning. 16. In Dally v. Wonham [1863] 33 Beav. 154, where a purchase by the agent of a vendor was set aside upon much the same grounds as here, the vendor-plaintiff was given an account of rents and profits received by the defendant, from the date of the conveyance, the defendant being allowed credit in the account for all moneys properly expended by him on repairs and lasting improvements, and all sums paid to the plaintiff on account of an annuity which was, as in the present case, part of the consideration for the conveyance. 17. In Mulhallen v. Marum 3 Dr. War. 317, the Lord Chancellor (Lord Lyndhurst), in setting aside a lease which had been obtained by fraud and undue influence said: I shall give an a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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