Judgement

Appeal (No. 22 of 1924) from a decree of the High Court (May 3, 1922) varying a decree of the Subordinate Judge of Meerut (August 6, 1920).

The respondents, the two younger sons of Harbans Singh, brought the suit in 1919, to recover possession of a moiety share in a village which had been sold by their father Harbans Singh in circumstances which appear from the judgment of their Lordships. Harbans Singh, his eldest son Fateh Singh, and the respondents constituted a joint Hindu family governed by the Mitakshara. The appellant-defendant was successor in title to Dalip Singh, the purchaser. The plaintiffs joined as defendants their father (since deceased), also their elder brother Fateh Singh. Plain tiff-respondent No. 1, who attained his majority on July 9, 1919, sued on behalf of himself and his younger brother.

The Subordinate Judge held that the deed was executed for an antecedent, debt and was binding upon the plaintiffs. He found that it was not established that the purchase money was applied to immoral purposes. He was also of opinion that the suit was barred by limitation.

On appeal to the High Court the learned judges (the Chief Justice and Piggott J.) found that Ha