High CourtsDivision Bench(1878) 03 AHC CK 0003

Lakhmi Chand vs Tori Lal and Others

Allahabad High Court · Decided on 5 March 1878 · Citation: (1875) ILR (All) 618

HON’BLE JUDGES
Turner, J · Spankie, J
RESULT
Allowed

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Judgment

1 paragraphs · 137 words

Turner, J.—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.