Tara Chand vs Dharman and Others

Harries, J.—This is a Plaintiff''s application for revision of an order of the Judge of the Small Cause Court, Meerut, dismissing his claim.

The claim was against three Defendants for the balance due on a bond executed by one Hira 23 years ago. It was the Plaintiff''s allegation that the Defendants were the personal representatives of the deceased man Hira and that they were liable for the balance due upon the bond. The Defendants contended that though they might be the personal representatives of Hira they had not in fact received any assets from Hira and that being so they could not be made liable on the bond. The learned Judge held that Hira left no property whatsoever and that being so dismissed the claim against his representatives.

In his life-time Hira undoubtedly had property but the evidence of one Ramji Lal shows that upon Hira''s death his property passed to his brother Chanchal who lived jointly with him. The three Defendants are the sons of Tulsi who was the son of Jawahir and Jawahir and Chanchal were two brothers. However, Jawahir lived separately from Chanchal and Hira and consequently he received no part of the assets of Hira upon the latter''s death. Whether the three Defendants will in due course obtain any property, possessed by Hira on the day of his death, remains to be seen, but at the time when these proceedings were brought the learned Judge was satisfied that (he Defendants had received no part of Hira''s assets and with that view I agree. Having regard to the fact that the Defendants held no assets of Hira the learned Judge rightly refused to decree the claim and dismissed it with costs. In my view this was the only course open for him and consequently I dismiss this revision with costs.