Judgement

Appeal from a decree of the High Court (February 22, 1924), reversing a decree of the District Judge of Darbhanga (March 9, 1921).

The suit was brought by the respondent against the appellants, members of a joint Hindu family, including the karta, Ramsaran Mandar, who died pending the appeal to the High Court. The claim was for the specific performance of an agreement alleged to have been made by the karta for the sale of certain family property, or for damages—namely, the return of earnest money with interest.

The trial judge found that the alleged agreement was not proved. The High Court (Das and Ross JJ.) found to the contrary, and made a decree against the surviving members of the family for the return of the earnest money with interest.

The facts relevant to the present decision appear from the judgment of the Judicial Committee.

1926. Nov. 1, 2, 4. Sir George Lowndes K.C. and Abdul Majid for the appellants.

De Gruyther K.C. and Dube for the respondents.

The arguments were to a great extent devoted to the question of fact whether execution of the alleged agreement was proved, also to the question of law whether the document required registration, which questions thei