Lord Macmillan.-

The sole question presented for decision in this appeal is whether (1) certain shares of the Delhi Cloth and General Mills Company Ltd., and (2) an interest in a timber business carried on by the firm of Sultan Singh and Co., were the separate self- acquired property of the late Rai Bahadur Sultan Singh or were the property of the Hindu joint family of which Sultan Singh was a member. The question arose in consequence of a decree for Rupees 24,798-4-6 and costs obtained by the respondents on 22nd August 1934 in the Court of the Subordinate Judge at Lahore against the appellant, recoverable from the estate of the late Sultan Singh, the appellant's father. The respondents on 29th November 1934 applied in the Court of the District Judge at Delhi for execution of this decree by the attachment of a kohti or bungalow in Delhi alleged to have been owned by Sultan Singh. The application was resisted by the appellant on various grounds and appropriate issues were framed.

After taking evidence the Senior Subordinate Judge at Delhi, to whom the case had been transferred, held that the appellant and his two sons were, along with Sultan Singh until the death of the latter on 3rd