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Issues:
Validity of deed based on undue influence and fraud, entitlement to possession of properties, determination of mesne profits, applicability of statutory provisions, general principles of equity in fraudulent transactions. Analysis: 1. The main issue in the case revolved around the validity of a deed dated 25th November 1924, transferring an estate and property subject to conditions. The suit aimed to set aside the deed for being procured by undue influence and fraud. Both Indian courts found in favor of setting aside the deed, based on established facts. 2. The judgment highlighted the well-established practice of the Privy Council regarding concurrent findings of fact. Such findings are not disturbed unless there is a miscarriage of justice or a violation of legal principles. The courts emphasized that the facts were thoroughly examined by the lower courts and did not warrant re-examination at the appellate level. 3. The plaintiff, Mahant Har Narain Das, was entitled to possession of the properties sued for as decreed by both trial and appellate courts. However, a dispute arose regarding the determination of mesne profits accruing during the defendant's possession, with the appellate court ruling in favor of the defendant's liability only from the date of the suit. 4. The plaintiff contended that, considering the established fraud and undue influence in obtaining the deed, he should be entitled to the claimed mesne profits. The defendant argued that mesne profits could only be awarded for the period of wrongful possession, which, in their view, began from the date of the suit. 5. The Privy Council disagreed with the defendant's stance, emphasizing that the deed was not merely a voidable contract but a conveyance that needed to be formally set aside. The defendant's possession was deemed wrongful, and he could not benefit from his fraudulent actions. 6. The judgment cited statutory provisions, including Section 65 of the Contract Act and Section 88 of the Trusts Act, to support the plaintiff's entitlement to restitution. It also referenced general principles of equity, stating that a defrauded party opting to rescind a transaction should be restored to their former position. 7. Various legal precedents were cited to support the principle that fraud renders a transaction voidable at the defrauded party's election, entitling them to restitution. The judgment concluded that the plaintiff should receive an account of rents and profits from the date of the fraudulent transaction, with appropriate credits and interest. 8. Ultimately, the Privy Council advised dismissing the appeal of the defendant and allowing the appeal of the plaintiff. The decree of the Chief Court was to be varied to reflect the entitlement of the plaintiff to mesne profits from the date of the fraudulent transaction, with the defendant receiving credit for payments made and interest at the usual rate.
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