9,99,940/ with interest and companyt from Mir Nawab Himayatalikban Azamjah, who was then known as the Prince of Berar, being the eldest son of the Nizam of Hyderabad.
The Judgment of the Court was delivered by K. DAS, J. This is an appeal on a certificate granted by the High Court of Bombay under s. 110 of the Code of Civil Procedure, and arises put of a suit which the appellants had brought for recovery of Rs.
The circumstances in which the appeal has arisen are these.
Appeal from the judgment and decree dated April 15, 1958, of the Bombay High Court in Appeal No.
The suit was tried by Coyajee, J. The principal issue for trial was issue No.
On September 27, 1949, a sum of Rs.1 1,25,000/ was paid to the appellants.
Then, on August 14, 1950, the appellants served through their solicitors a numberice on the respondent asking him to make payment of the balance of Rs.9,99,940/ with interest at ten per cent.
Thereupon, the appellants discharged all the previous promotes and on each one of them recorded a satisfaction of full payment.
On February 14, 1950, a receipt was passed by the appellants for the sum of Rs.8,75,000/ Ex.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Hyderabad and he was present before the Committee on more than one occasion when the claim of the appellants was companysidered.
The relevant authorities refused, however, to make payment on the receipt Ex.
25 of 1957.
This was for a sum of Rs.27,79,078 2 0 and on this document Kapurch and Godha, one of the appellants recorded received payment in full.
52 of 60.
C in which the appellants reserved their right to recover the balance amount due from the Prince of Berar.
C and this receipt ran in the following terms Received from the Controller General of Accounts and Audit, Hyderabad Government, the sum of Rs.8,75,000/ Rupees eight lacs and seventy five thousand only in full and final payment of the balance of rupees twenty lacs allowed by the Government in respect of my claims under the pronote dated 15 February 1948 passed by the Prince of Berar in my fovour, reserving however my right to recover the balance amount due to me under the said pronote from the Prince of Berar.
R. L. lyengar, for the appellants.
April 12.
C. Setalvad, Attorney General of India, S. R. Vakil, H. Bhabha, J. B. Dadachanji, O. C. Mathur and Ravindra Narain, for the respondent, 1962.
The respondent number having paid the amount a suit was instituted on February 5, 1951, in the High Court of Bombay for recovery of the amount.
