LALA RAGHUNATH SAHAI Vs. BABU KUNJ BEHARI LALL

JUDGEMENT

(1.) This is an appeal from an order of the District Judge of Meerut confirming an order of V.R. Mehta, Esqr., Judge, Small Cause Court, dated November 26, 1932, passed in an insolvency matter.

(2.) In 1931 the respondent Ram Saran Das was adjudged an insolvent, and during the insolvency proceedings, the Official Receiver seized the insolvent's alleged interest in certain property. The appellant Raghunath Sahai who is the father of the insolvent objected to this seizure and claimed that he was the so owner of the property seized and that his son had no interest whatsoever in the same. The learned Judge of the Small Cause Court overruled this objection and held that the property in question was the joint property of the family and consequently that the insolvent's share in such property was liable to seizure by the Official Receiver. The present appellant appealed to the District Judge of Meerut but his appeal was dismissed and the order of lower Court was confirmed. The appellant now appeals to this Court against this order of the learned District Judge.

(3.) It is conceded by the appellant that originally the family was joint but it is contended that there was a separation at some time between 1906 and 1909 and that thereafter the appellant and the insolvent had been separate in estate. Whether or not such a separation took place is a question of fact and findings of fact are binding upon me in this appeal and cannot be disturbed if they are based upon relevant and admissible evidence. This is frankly conceded by Sir Tej Bahadur Sapru who has appeared for the appellant but he has argued that the Court below misdirected itself in law and that being so the findings of fact are vitiated and in no way conclude the matter.