JUDGMENT :

CHAMIER, J.

This was a suit by sons in a joint family consisting of their father and themselves to have a sale of family property by the father to the appellants set aside and for possession of the property. The plaintiffs alleged that their father was a dissolute person addicted to the use of ganja and that he had sold the property for the purpose of obtaining money for his own extravagances. The Munsif found that these allegations had not been proved and he dismissed the suit. The plaintiffs appealed. By the time that the appeal came on for hearing, the decision of the Full Bench in the case of Chandra Deo Singh v. Mata Prasad, [1909] I.L.R., 31 All., 176, had been published, and the Subordinate Judge accordingly remitted two issues for trial, one of which was “whether there was any antecedent debt or family necessity to support and justify the sale.” He gave the parties permission to produce further evidence and ruled that the burden of proof lay upon the purchasers of the property to establish either legal necessity or an antecedent debt. Neither side produced any further evidence and the Munsif accordingly found on the issue in favour of the plaintiffs, and his decisi