LALA KAPURCHAND GODHA Vs. MIR NAWAB HIMYATALIKHAN AZAMJAH

JUDGEMENT

(1.) This is an appeal on a certificate wanted by the High Court of Bombay under S.110 of the Code of Civil Procedure, and arises out of a suit which the appellants had brought for recovery of Rs. 9,99,940/- with interest and costs from Mir. Nawab Himayatalikhan Azamjah, who was then known as the Prince of Berar, being the eldest son of the Nizam of Hyderabad. The circumstances in which the appeal has arisen are these.

(2.) On or about January 31, 1937 Baboo Mull and Co., sold and delivered to the Prince of Berar in Bombay various articles of jewellery the aggregate value of which was Rs. 13,20,750/- Lala Kapurchand Godha, who was the first plaintiff in the action and Lala Heeralal Godha, the original second plaintiff, carried on business, in jewellery in partnership with their father and one Lala Baboo Mull (since deceased ) in the name and style of Baboo Mull and Co. It is not disputed that the appellants, now before us own the entire interest in the subject matter of the suit and instead of using the name of Baboo Mull and Co. We shall name the appellants as the person who sold the jewellery to the Prince of Berar on January 31, 1937. A writing dated January 31, 1937 was executed by the Prince of Berar respondent before us, by which he declared and acknowledged having purchased the jewellery specified in a schedule from the appellants at the aggregate price of Rs. 13,20,750/- In that writing (Ex. A) the respondent stated:

(3.) Then on August 14, 1950 the appellants served through their solicitors a notice on the respondent asking him to make payment of the balance of Rs. 9,99,940/- with interest of ten percent. The respondent not having paid the amount a suit was instituted on February 5, 1951 in the High Court of Bombay for recovery of the amount.