RADHA KUNWAR Vs. RAM NARAIN

JUDGEMENT

(1.) This is an appeal by deft. 1 in a suit for recovery of Rs. 8,500 in which a decree for Rs. 6.018-15-0 only was passed by the learned Civil Judge of Aligarh. The facts giving rise to the appeal are these:

(2.) One Yamuna Prasad & a person called Yudhishtra Prasad held a decree which was partly on a mortgage & partly on a simple debt against one Hakim Jeevan Lal. These D. Hs. were the nephews of one Lala Jhanku Lal who died on 26-4-1936, leaving a widow, deft. 1, who is the appellant in this case. Jhanku Lal was a trustee of an institution known as Govind Ram Sapraia Aushadhalaya, Hathras, under the management of Ram Narain, pltf. 1. The suit was filed by Ram Narain along with the Trust as pltf. 2 against the widow of Jhanku Lal, & the other members of the Trust Committee were impleaded as pro forma defts.

(3.) The aforesaid D. Hs., it appears, stood in need of money, & as they had not been able to recover the amount of their decree from the J. D. by that time, they made a suggestion that their decree might be purchased by the Trust represented by pltf. 1. Accordingly, on 7-11-1932, a sale deed was executed by the D. Hs. in favour of the Trust transferring the decree & all the rights thereunder to that institution. The principal motive which had influenced this transfer of the decree in favour of the Trust was that the Trust held some money in deposit with a firm called Nand Ram Ram Dayal which was not carrying an adequate rate of interest & which the Trust was anxious to invest in a more lucrative form. It was eventually decided that the decree held by Yamuna Prasad & Yudhishtra Prasad might be purchased by the Trust, & this was done under the sale deed dated 7-11-1932, already referred to. To complete the narrative, there was, simultaneously with this transaction, an arrangement between Jhanku Lal, uncle of the D. Hs., & a trustee of the Aushadhalaya, & pltf. 1 as its manager that along with the sale deed in favour of the Trust a security bond should be executed by Jhanku Lal undertaking to indemnify the Trust for such loss or damage as it might suffer in consequence of acquiring the rights of the original D. Hs. Such a bond was accordingly executed by Jhanku Lal.