Judgement

Appeal (No. 55 of 1931) from a decree of the High Court (July 25, 1928) modifying a decree of the Subordinate Judge of Agra (August 14, 1925).

The appellants father, who died in 1923, had been secretary to a school committee; in that capacity he had been in charge of a fund deposited at a bank, and had authority to draw upon it for purposes connected with building operations. After his death, the respondents (representing the committee) instituted a suit against the appellants claiming from them, out of property of their father which had come to them or out of the property of their Hindu joint family, an alleged deficiency in the fund.

The facts appear fully from the judgment of the Judicial Committee.

The trial judge found that the deficiency amounted to Rs.48,143, and made a decree for that sum. In his opinion the father had not been guilty of criminal breach of trust in respect of the deficiency.

Upon appeal to the High Court the learned judges (Kendall and Niamut -ullah JJ.) found that the deficiency was Rs.42,993 only, and modified the decree by reducing it to that amount. They were of opinion that where a father had been civilly liable in respect of money in his han