JUDGMENT

Gokul Prasad, J. - This is an appeal by the defendant arising under the following circumstances. On the 14th of September 1917, Randhir Singh who was an uncle of the plaintiffs and has now been found to be the manager of the joint Hindu family consisting of himself and the plaintiffs executed a perpetual lease of 51 acres of land (plot No.. 148) if favour of the defendant Matadin Tewari In September 1920 the plaintiffs-respondents brought the present suit for. setting aside the lease on the ground that although the property covered by the lease was joint property, Randhir Singh who lived separate from the plaintiffs had no right to give a lease, thereof to the defendant in spite of the prohibition of the plaintiffs. They further alleged that the lease was without consideration.

2. The defendant's case in reply was that the family was a joint family and Randhir Singh was the manager thereof, that the lease was to benefit the family as a nazrana was required for re-building the family house which had fallen down. The First Court decreed the claim unconditionally. On appeal by the defendant the lower Appellate Court has modified the decree of the First Court by adding a conditi