Judgement

Appeal (No. 67 of 1931) from a decree of the High Court in its appellate jurisdiction (December 6, 1929), affirming a decree of the Court in its original jurisdiction (August 18, 1926).

The respondent brought a suit in the High Court against eight defendants, who constituted a joint Hindu family carrying on business as jewellers under the firm name T. R. Tawker & Sons. Before the trial the defendants were adjudicated insolvents under the Presidency Towns Insolvency Act, 1909, and the appellant, the official assignee, was joined as a defendant and filed a written statement; the original defendants did not appear at the trial.

The question arising on the appeal was whether, in the circumstances stated in the judgment of the Judicial Committee, the respondent was entitled to a charge upon assets of the firm in the hands of the appellant, those assets consisting of the proceeds of sale of stock amounting to about Rs. 22,000.

The Appellate Court (Reilly and Cornish JJ.), affirming the decision of the trial judge (Kumaraswami Sastri J.), held that the respondent was entitled to a charge for Rs. 10,000 and certain interest. Reilly J. said that at the trial the existence of a tru