KISHEN SINGH Vs. CHHAJJU SINGH

JUDGEMENT

(1.) This appeal arises out of an execution proceeding and the question for consideration is whether the property in dispute was liable to attachment and sale in execution of a decree, obtained against Kallu Singh personally. The objectors are the son and grandsons of Kallu Singh, who had been exempted by the decree from liability. They contest the right of the decree-holders to attach the family property.

(2.) It appears that Kallu Singh, Nathu Singh and Maru Singh took a lease of certain property from Pirthi Singh and executed a mortgage to secure the payment of the lease money. The mortgage purported to hypothecate certain properties belonging to the lessees. As the lease money was not paid, a suit was filad by the lessor for the recovery of the money due to him against Kallu Singh and the present respondents, who are the legal representatives of the other lessees. The present respondents paid the entire decretal money and saved their property and the property of Kallu Singh from sale.

(3.) They then filed a suit for the recovery of the share of the lease money; payable by Kallu Singh, making the son and grandsons of Kallu Singh, namely the present appellants, parties to that suit. The latter contested the claim on the ground that the lease was not taken for the benefit of the family and that they were not liable to pay the money due under the decree. The finding of the court in that suit was that the lease was a speculative and risky transaction, not binding on the family. The claim of the respondents was accordingly decreed against Kallu Singh personally and the present appellants were exempted from liability.