Judgement

APPEAL from a decree of the High Court (July 21, 1875), which reversed a decree of the Subordinate Judge of Tirhoot (April 27, 1874).

The Respondents were purchasers at a sale in execution of a decree upon a mortgage bond, obtained by Bolaki Chowdhry against Adit Sahai, the deceased husband of the Appellant and father of the infants, of a share of an ancestral village standing in his (Adit Sahai) name, and the main question decided in this appeal was whether, under the circumstances stated in their Lordships judgment, as appearing in the suit;, any and what interest passed to the purchasers. The Appellant claimed that inasmuch as the property sold was the joint family estate of Adit Sahai and his sons, the latter did not, under the Mitakshara law and the circumstances of the case, take the same as survivors and without liability to the decree.

The suit was instituted on the 27th of August, 1873, and the substantial allegations in the plaint were, that Bissum-bhurpore (the village above referred to) was ancestral property, in which Adit Sahai’s minor sons were jointly interested with him in his lifetime, and that their estate could not be sold for his personal debts, contr