Gosain, J.

1. This is a first appeal against the preliminary decree of Shri Chaman Lal Puri, Subordinate Judge, First Class, Amritsar, dated 24th of May, 1949, for the recovery of Rs. 5,675/- with costs in favour of the plaintiff and against defendants Nos. 1 and 3 and dismissing the suit against defendant No. 2.

2. The facts giving rise to this appeal are as under. House No. 626/11, situate in Kucha Kadan, Amritsar, was the property of Sat Prakash major and Bhupindar Parkash minor, sons of Shri Tara Chand Khatri. Some time before partition of the country an application tor the appointment of a guardian for the person and property of Bhupindar Parkash minor was made to the High Court at Lahore and the High Court appointed Sat Parkash, brother of the minor, and Smt. Gita Wanti, mother of the minor, as joint guardians.

On 15th of May, 1946, Sat Parkash and Smt. Gita Wanti executed an agreement for sale of the said house in favour of Dr. Bodh Raj plaintiff for a sum of Rs. 27,500/-. At the time of the execution of the agreement, Bat Parkash and Smt. Gita Wanti received Rs. 5,000/- from the plaintiff by means of a cheque, dated 15th of May, 1946, drawn on the Prabhat Bank, Limi