HIMMAT BAHADUR Vs. BHAWANI KUNWAR

JUDGEMENT

(1.) Before stating the facts of the case I get forth the following pedigree. It will show the relation of the parties to the suit, with the exception of Musammat Bhawani Kunwar who is a transferee of Jiwan Sahai under the sale-deed of the 9th February 1892. The suit was instituted on the 14th December 1904. <TAB> JIWAN SAHAI. | ---------------------------------- | | | Ram Sahai. Indar Sahai, Tirbeni Sahai. | Defendant (2). | | --------------------------------------------------- | | | | Raj Bahadur. Ram Bahadur = Shyam Bahadur, Dhum Bahadur, | Saraswati Kunwar. Defendant (3). | Madan Mohan, Dawand Bahadur, Defendant (5). Defendant (4). KHUSHWAKT RAI. | ------------------------------ | | Ishri Prasad. Khemanand. | | Sohan Lal. ------------------------------ | | | | | | Mithu Misri Chhote Jawahir Mulo Kunwar, = Nitanand, Lal. Lal. Lal. Lal. died 28-2-97. died De- | cember, | 1878. | -------------------- | | Naraini Kunwar. Saraswati Kunwar= died without issue Ram Bahadur, in 1889. died 25-3-02. | -------------------- | | Himmat Bahadur, Bakht Bahadur, Plaintiff. Plaintiff. </TAB>

(2.) The facts which have led up to this appeal are as follows:

(3.) The sale of Parewa in a suit brought by one Altaf Ali Khan was set aside on the 30th of January 1878, and on the sale being set aside Nur Ahmad on the 12th December 1878 applied for the return of his purchase money and his application was granted on the 20th December 1878. He proceeded against the property which Musammat Mulo had inherited from her father and her husband. She sued Nur Ahmad for a declaration that she was not liable to refund the entire sum realized by Ram Sarup. The High Court on the 25th November 1878 held that she as an heir of Ishri Prasad was liable to pay the entire amount. Nur Ahmad realised portions of his claim and a balance of Rs. 21,815-6-6 remained due to him. This is the balance for which, according to the allegations in paragraph 15 of the plaint, the heirs of Khemanand alone were liable. Jiwan Salmi paid this balance, at the instance of Musammat Mulo Kunwar, to Aziz Ahmad and Zamir Ahmad, sons of Nur Ahmad, for the discharge of the money due to their father. The money was paid out of the proceeds of the sale of the property which was sold by Jiwan Sahai to the sons of Nur Ahmad on the 4th of May 1885.