9911796707
TMI Blog1912 (4) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... de in the name of Umar Ali by a conveyance dated the 17th Jaisth 1311 B.S. and the price paid is stated to have been Rs, 250. After the conveyance had been executed, it is stated that Jadunath discovered that the plaintiff was the real purchaser and refused to have the document registered. It was, however, eventually registered at the instance of Umar Ali; but Jadunath had, in the meantime, conveyed the land to the defendants Bakaullah and others, who were put in possession and refused to relinquish it. In consequence, a suit to establish his title and recover possessions was brought by Umar Ali against the defendants, and it was decreed. The plaintiff's case is that Umar Ali was his benamdar throughout. It was he--the plaintiff--who to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 in the lower Courts, who claim to have purchased the land from Umar Ali after the decision of the title suit in which Umar Ali was the plaintiff. 4. In support of this appeal, several points have been argued, but the one which appears to us at present to be of importance is that the learned Judge of the Court of Appeal below appears to have been influenced in arriving at his decision by the evidence of one Haran Chandra Chatterjee, who was a Pleader for Umar Ali in the title suit brought against Jadunath, such evidence being inadmissible under the provisions of Section 126 of the Indian Evidence Act. The main point, on which the plaintiff-respondent relied in support of his case, was that Umar Ali in purchasing the land from Jadunath w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d decree of the lower Appellate Court and direct that the appeal be sent back to that Court for re-hearing after discarding from consideration all statements made by the Pleader, Haran Chandra Chatterjee, as to communications made to him in the course and for the purpose of his employment as Pleader in the case brought by Umar Ali against Jadunath. At the same time, we desire to express our astonishment at, and disapproval of, the conduct of the Pleader, who, while he was a Pleader for the plaintiff in the present case, consented to go into the witness-box to give evidence as to facts which had been communicated to him in confidence as Pleader for one of the defendants in another case. Costs will abide the result. - - TaxTMI - TMITax - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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