Judgement

Appeal (No. 31 of 1932) from a decree of the High Court (November 18, 1929) reversing a decree of the Subordinate Judge of Allahabad (December 4, 1924).

On September 12, 1922, respondents Nos. 1 to 11, sons and grandsons of Mathura Prasad, who died in 1919, sued to set aside a sale deed of property of the joint family for Rs.6000, executed by Mathura Prasad on September 13, 1910. The defendants were the purchaser and his sons (appellants), and a son and a grandson (a son of a deceased son) of Mathura Prasad (respondents Nos. 12 and 13) who had witnessed the deed.

The facts appear from the judgment of the Judicial Committee.

Both Courts in India found that the deed had not been obtained by fraud or undue influence, also that Rs.6000 was a fair price. The Subordinate Judge dismissed the suit; he found that there was legal necessity to borrow the Rs.6000, and that defendant No. 1 had made sufficient inquiries. Upon appeal to the High Court the learned judges (Sulaiman and , Kendall JJ.) held that Rs.2600 out of the Rs.6000 represented , debts of members of the family other than Mathura Prasad, and that the discharge of them was not a legal necessity of the family ; they were