BAYABAI Vs. HAJI NOOR MUHAMMAD

JUDGEMENT

(1.) The following tree shows the relation between the various defendants-appellants:

(2.) Abdulla is an insolvent, and the Official Assignee is the first, defendant in his place. Jan Mahomed died intestate in 1906, leaving his widow his only heir. The parties are Cutchi Menions, and the plaintiff is by profession a money-lender.

(3.) The suit out of which this appeal arises is based on two hundis drawn by one Abdul Rehman in September 1904, in favour of Jusub Abba, and endorsed in the name of Jusub Abba by Abdulla to the plaintiff. Upon these same hundis the plaintiff brought an earlier suit, No. 863 of 1904, against Abdul Rehman, the drawer, and Justib Abba, the indorser, and in that suit obtained a decree against both the then defendants. That decree has remained unsaiisfied, and it is common ground that Jusub Abba died in February 1902 or over two years before the. institution of this suit No. 863. The suit underlying the present appeal is No. 611 of 1905, and in it the plaintiff seeks to enforce liability for the two hundis against the defendants as the representatives of the. deceased Jusub Abba. The learned Judge below has decreed the claim, and against that decree the present appeal is preferred by the defendants Bayabai, Safurabai and Suleman.