MOYNA BIBI Vs. BANKU BEHARI BISWAS

JUDGEMENT

(1.) The suit out of which this appeal arises was brought by the plaintiffs to recover a sum of money clue upon a registered bond, dated the 10 November, 1885. The bond was executed by the first defendant, Moyna Bibi, for herself, and, it is alleged, as mother and natural guardian of her minor daughters, the defendants Nos. 2 and 3.

(2.) The defence of the first defendant was that the bond was not genuine. The defence of the defendants Nos. 2 and 3 was that they knew nothing about the bond, and that as, under Mahomedan law, their mother had no right to mortgage their shares, they were not bound.

(3.) Both the Courts below have found that the bond was a genuine one; that it was executed by the defendant No. 1, who is bound by it; that the consideration for it was a sum of money spent by the plaintiffs in conducting a litigation to save the property; and that, as the transaction was for the benefit of the minors, they should make restitution to the plaintiffs in proportion to their shares before they can have them released from liability under the bond. A period of six months was fixed for their making such restitution, and it was ordered that, failing their doing so, their shares, equally with that of the defendant No. 1, should be sold.