Judgement

Appeal (No. 57 of 1943) from a decree of the High Court (May 16, 1941) which affirmed a decree of the Subordinate Judge, First Class, Montgomery (May 20, 1939).

The following facts are taken from the judgment of the Judicial Committee—The appeal arose out of a suit instituted by the plaintiffs—appellants before the Board—for setting aside the sale, and for possession, of the properties mentioned in the plaint which were sold by court in execution of a decree, by reason of a surety bond executed by their father, Uttam Chand, in the circumstances mentioned below. The properties in dispute were ancestral. The main question arising for decision in this appeal was whether the above-mentioned surety bond created or gave rise to a personal liability on Uttam Chand. Uttam Chand and Dogar Chand, shown in the pedigree given below, were two separated Hindu brothers. Kesar Chand and Ram Lai—appellants Nos. 1 and 2—were the sons of Uttam Chand; Chand Kishan—appellant No. 3—was the son of Kesar Chand and grandson of Uttam Chand. Uttam Chand and the three appellants constituted a joint Hindu family. Dogar Chand died leaving a widow, and three minor sons, Hans Rai, Sohan Lal, and Des Rai