SETH ROSHAN LAL Vs. DEWAN BHAGWAN DAS

JUDGEMENT

(1.) This is a respondents' appeal from the order, dated 24-8-1956, of the Tribunal, at Delhi under Section 10 of -the Displaced Persons (Debts Adjustment) Act (No. LXX), 1951.

(2.) There was a joint Hindu family consisting of three brothers, named, Mathra Das, Ladha Ham, and Ram Rakha Mal. Ladha Ram as karta of the joint Hindu family obtained a loan of Rupees 8,000/-/- on -the basis of a promissory note executed by him on 31-12-1943. The consideration for the loan was the amount due from the three brothers to Diwan Ram Saroop and Bhagwan Das because the latter had sold a house to the former.

(3.) After the partition of the country and when Ladha Ram was dead, the parties entered into an arbitration agreement about the debt, in consequence of which the arbitrator made an award, upon the basis of which a civil Court passed a decree in the amount of Rs. 4,000/- against Ram Rakha Mal, brother of Ladha Ram, and in the amount of Rs. 2,000/- against Parma Nand, nephew of Ladha Ram, each being liable only for the amount decreed against him to the extent he had got property from the estate of Ladha Ram deceased. The remaining amount of Rs, 2,000/- was the share of Govind Ham, who was not made a party to the arbitration proceedings and no decree was obtained against him in consequence of those proceedings. The decree against Ram Rakha Mal and Parma Nand was obtained on 15-11-1950.