RAJA RAM Vs. RAJA BAKHSH SINGH

JUDGEMENT

(1.) On 15 November 1920, two persons named Badri Singh and Chandika Singh, members of a joint Hindu family governed by the Mitakshara, executed a mortgage deed in favour of the appellant, Raja Ram. Badri Singh having died, the appellant on 25 August 1930 brought a suit in the Court of the Subordinate Judge at Hardoi to enforce the mortgage. He impleaded 17 defendants. In addition to Chandika Singh (defendant 3) and other persons, he sued Badri Singh's two sons, Gaya Singh and Randhir Singh (defendants 1 and 2), and their five sons (grandsons of Badri Singh, defendants 8 to 12), who are now the five respondents to this appeal. The relationship of the defendants to the suit may be exhibited as follows :

(2.) For reasons which may or may not have been valid, regard being had to the case made by the plaintiff, the decision of the Subordinate Judge, dated 13 May 1931, was as follows: The result is that a simple money decree can only be passed on the basis of the deed in suit as against the estate of Badri Singh and against defendant 3 personally. I therefore decree the sum of Rs.19,500 with costs, interest at the contract rate on Rs. 10,000 daring the pendency of the suit and future interest at 6 p.c.p.a. on the entire decretal amount as against defendant 3 personally and against the estate of Badri Singh in the hands of defendants 1 and 2 under R.1, O.20 and R.6, O.9, Sch.1, Civil PC. The suit is dismissed as against the other defendants. Defendants 4, 7 and 8 to 17 will get their respective costs from the plaintiff.

(3.) On 15 May 1931, the appellant applied for execution of this decree, not only against Chandika Singh and the two sons of Badri Singh, but also against the present respondents and their interest in the family property, notwithstanding that they had been dismissed from his suit with costs. The latter objected that execution of the decree could not be had against them, but on 27 October 1931, the Subordinate Judge, on the ground that the whole family estate was liable for Badri Singh's debt, dismissed their objections and allowed execution to proceed. On appeal the Chief Court of Oudh set aside this order, and directed (27 February 1933) that the interest of the respondents in the family property be released from attachment. This is the decision of which the appellant complains.