JUDGMENT

Dar, J. - This is an appeal against a judgment and decree, dated 26th September 1938, of the Special Judge, First Grade of Cawnpore, by which the landlords' liability under a joint debt has been determined and apportioned u/s 9, U.P. Encumbered Estates Act (25 of 1934). Kailash Nath Khanna, resident of Cawnpore, and Moti Lal Daya Ram, resident of Calcutta, had borrowed a large sum of money from the Punjab National Bank Ltd. For the recovery of the debt due to the Punjab National Bank Ltd., the bank brought a suit (No. 380 of 1925) in the Court of the Subordinate Judge of Cawnpore against Kailash Nath Khanna and Moti Lal Daya Ram. On 5th November 1925, a decree was passed in favour of the bank against Khanna and Moti Lal Daya Ram for a sum of Rupees 44,397-10-9. The decree against Khanna was based upon a compromise and against Moti Lal Daya Ram it was ex parte. In an execution case (No. 443 of 1927) which later on arose between Khanna and the Punjab National Bank Ltd., this Court by a judgment dated 19th February 1929, has interpreted the said decree of 1925 as imposing a joint and several liability upon Khanna and Moti Lal Daya Ram and for the purpose of the present case th