Judgement

Appeal (No. 28 of 1925) from a decree of the High Court (June 20, 1922) varying a decree of the Subordinate Judge of Moradabad. The suit was instituted by the respondent to set aside a sale made by his father Janki Prasad in 1906 of joint family property for Rs. 18,400. The purchasers, from whom the property was claimed, and Janki Prasad were made defendants. The appellants, the purchasers, pleaded, among other pleas, that the sale was for necessity, and in satisfaction of antecedent debts.

Jowahir Lal, the grandfather of Janki Prasad, had mortgaged the property in 1895 for Rs. 11,000 to Abid Ali Khan ; and in 1903 had executed further mortgages in favour of Sri Koer and Ganeshi Lal. It was concurrently found by both Courts in India that out of the consideration money Rs. 12,900 was applied to discharge the first of the above mortgages, and Rs. 3122 to discharge the two mortgages last mentioned, which both Courts found were made for legal necessity.

The decrees made by the Subordinate Judge and by the High Court on appeal appear from the judgment of the Judicial Committee, in which the facts are more fully stated. The learned judges on appeal (Mears C.J. and Piggott J.) w