Judgement

This suit; was brought by the Appellant against the Respondent do recover the amount of a six-ana share, with interest, of a debt; declared due by a decree made in a suit instituted by the Appellant against one Shama Persad Nundy. The Appellant compromised the suit without the privity or

4 M.I.A. 452 ( 1846- 1850) Doorga Persad Roy Chowdry V. Tarra Persad Roy C howdry 20

knowledge of the Respondent, and the question was, how far he was liable to the Respondent for the loss of such share.

The parties to the appeal were brothers, the sons of one Gunga Narain Roy, deceased. Gunga Narain Roy had a brother, named Raj Narain Chowdry, who had advanced sums of money, at various times in the years 1807 and 1808, to Bishen Prea Muni, the mother of Shama Persad Nundy, then a minor. To secure repayment of this money, in 1809, a bond was executed in Raj Narain Chowdrys favour, for the amount then due, Rs. 11,512 principal, and interest at the rate of 12 per cent. Raj Narain Chowdry died in the year 1810, when the money secured by the bond devolved on his brother and heir, Gunga Narain Roy . He died in the year 1821, leaving the Appellant and the Respondent, his sons, his heirs and rep