JUDGMENT

Niamatullah, J. - This appeal was preferred by one Mt. Maida who was the principal defendant in the suit out of which it arose. She died during the pendency of the appeal and is now represented by her son Qutubullah and heirs of the other son Wali Muhammad, who also died during the pendency of the appeal.

2. The suit was brought by the plaintiffs B. Kishan Bahadur Singh and three others for recovery of Rupees 6,249-12-0 as damages for certain property having passed out of their possession. The property had been transferred to them by Mt. Maida acting as the guardian of her minor sons Qutubullah and Wali Muhammad, under a sale deed dated 30th July 1908.

3. The circumstances which led to the present litigation are not in dispute. One Namdar died in 1907 leaving his widow Mt. Maida and three sons, Chhedi, Qutubullah and Wali Muhammad. Chhedi died in 1915 and is now represented by his heirs defendants 2 to 4. At the time of Namdar's death and for some time after it Qutubullah and Wali Muhammad were minors. Namdar left shares in several villages. Mt. Maida was appointed guardian of the person and property of her minor sons by the District Judge of Gorakpur, Namdar was indebted to