Privy Council Court April 1945 Judgments

Kesar Chand and Others Vs. Uttam Chand and Others

Court: Privy Council

Sir Madhavan Nair: This is an appeal from a decree of the High Court of Judicature at Lahore dated 16th May 1941, which affirmed a decree of the Court of the Subordinate Judge, First Class, Montgomery, dated 29th May 1939, and dismissed the plaintiffs' suit. The appeal arises out of a suit instituted by the plaintiff's-appellants before the Board -for setting aside the sale and for possession of the properties mentioned in the plaint which were sold by Court in execution of a decree, by reason of a surety bond executed by their father Uttam Chand in the circumstances mentioned below. The properties in dispute have been found to be ancestral. The main question arising for decision in this appeal is whether the above-mentioned surety bond creates or gives rise to a personal liability on Uttam Chand. Uttam Chand and Dogar Chand, shown in the pedigree given below, were two separated Hindu brothers. Kesar Chand and Ram Lal -appellants 1 and 2-are the sons of Uttam Chand; Chand Kishan-appell...