MT JAGPATI KUER Vs. SUKHDEO PRASAD

JUDGEMENT

(1.) This appeal, by defendant 2, is from a decision of the learned Subordinate Judge of Saran, dated 30 September 1937. The appellant, Mt. Jagpati Kuer, is the widow of Damri Sahu, who was a partner in a Samastipur firm known as Damri Sahu Halkhori Ram. The suit was for realisation of a sum of Rs. 11,240 by sale of certain properties of this firm specified in schedules II and III of the plaint. The plaintiffs, who are two sons of Halkhori Ram claimed to be partners in the firm and that they had acquired an equitable lien on the properties in question on account of a sum of Rs. 11,240 which, they said, had beed realised from them individually on account of the debts of the firm.

(2.) According to the plaintiffs, the firm was owned as follows: Damri Sahu and Kunja Sahu (both deceased) eight annas; Halkhori Bam (deceased) four annas three pies, and Bishun Prasad (deceased) three annas nine pies. The firm had branches at Calcutta and Matia, and the shares of each party were the same in the branches.

(3.) In the plaintiffs suit the firm Damri Sahu Halkhori Earn was made defendant 1. Defendants 2 to 5 are the heirs of Damri and Kunja, and defendants 6 and 7 the heirs of Bishun Prasad. Defendant 8, Rambaran Ram, was the gomashta of the Calcutta branch.