Judgement

Appeal (No. 31 of 1946) from a judgment and decree of the High Court (November 22, 1943) which affirmed a judgment and decree of the District Judge of Guntur (April 20, 1942) which had reversed a decree of the Subordinate Judge of Bapatla (July 31, 1939).

The following facts are taken from the judgment of the Judicial Committee. The facts giving rise to this appeal were not in dispute, having regard to the findings of the courts in India. The respondent and his father constituted a Hindu joint family. The respondents father died on October 4, 1935, leaving him surviving his widow and the respondent, who was then and was still a minor. Before his death the respondents father had incurred certain debts, including a debt of Rs. 16,000 owing to the appellants and secured by two promissory notes, and a debt of Rs. 1,200 owing to one Ramayya and secured by a mortgage. By an agreement in writing, dated November 29, 1935, the respondent " being " minor by guardian and mother Manikyamma," to quote the words of the agreement, agreed to sell the lands in suit to the appellants for Rs. 17,200. The purchase price was to be applied as to Rs. 16,000 in discharging the promissory notes a