JUDGMENT

Sulaiman, J. - This is a plaintiffs' appeal arising out of a suit for a declaration by the sons of Jagannath Prasad that the joint property belonging to the family was not attachable and saleable in execution of a simple money decree obtained by defendant 1 against their mother. The facts leading up to this litigation are as follows: Jagannath Prasad and his two minor sons, the present plaintiffs, formed a joint Hindu family and owned considerable property. About 1918, Jagannath Prasad became heavily indebted, though it is not clear that there were any mortgages on his estate in existence at that time. In October 1918, he was arrested in connexion with the Katarpur riot and admittedly remained in jail till August 1919, when he was actually convicted. At first he was ordered to be transported for life, but later on the sentence was reduced to one of seven years' imprisonment.

2. On 10th February 1919, while Jagannath Prasad was in jail, he executed a deed of gift of a 5 biswas share in mauza Nasirpur Khurd in favour of his wife Mt. Parbati. The recital contained in the deed is that she was faithful and obedient to him and he had love for her, and in consideration thereof he h