Judgement

Consolidated Appeals from judgments and decrees of the Court of the Judicial Commissioner (October 30, 1909) reversing decrees of the Subordinate Judge of Hardoi.

The suits were instituted in 1903 by members of a Mitakshara joint family (appellants) who claimed that certain purchases of property and other investments made by the deceased karta Ram Narain in the name of his son-in-law Ratan Lai, or in that of the latters son, were ismfarzi (benami) transactions and were made for the benefit of the joint family.

The facts appear from the judgment of their Lordships.

As to part of the properties both Courts decided in favour of the respondents, and no further question arose as to those properties.

With regard to the properties in dispute in the appeal the Subordinate Judge decided in favour of the appellants.

The Court of the Judicial Commissioner reversed that decision, holding that they were acquired by Ram Narain out of his professional earnings, that he had no intention of throwing the amount so expended into the joint family funds, but that from all the circumstances it was to be presumed that he intended the transactions to be for the benefit of Ratan Lal or his wife.