Raghubar Dayal J. - (1.) The facts of the case are fully narrated in the judgment of my brother Desai J. I agree with him that the appeal of Smt. Bittan Bibi be dismissed as she is clearly liable to pay the amount decreed against her and Kailash Nath. I differ about the appeal of Kailash Nath and agree with the finding of the Court below that Kailash Nath is liable to pay the joint decretal amount.
(2.) The learned District Judge did not record any definite finding about Kailash Nath's being the joint borrower of the various loans or not. I, however, agree with my brother Desai J. that in view of the statement of Smt. Pratap Dei the loans were taken by Smt. Bittan Bibi alone though the actual transactions were at times through Kailash Nath or Seoti Bibi and Manno Bibi. The liability of Kailash Nath to pay the amounts borrowed by his mother depends on the effect of the letter EX. 14 written by Kailash Nath alone with the other aforesaid persons. In this letter these persons stated that they had borrowed the various sums, that they had promised to pay the amounts on insistent demands but had been unable in spite of best efforts to pay anything, that interest was increasing day by day and that therefore, they considered it proper and right to authorise them to sell the pawned ornaments in the market to appropriate the sale proceeds towards the amounts loaned on the security of ornaments and interest thereon and to appropriate any surplus towards the debt of Rs. 1300. They further said in this letter that if any amount still remained due from them they would pay that amount very early.
(3.) The learned District Judge dealt with the question of liability of Kailash Nath in this manner : "But whether the loan was actually obtained by Bittan Bibi or not, any person who takes full responsibility for the loan would also be liable. A person who is a mere surety to a loan is always liable although the loan is not in fact taken by him. No doubt Kailash Nath was a young lad at the time and had just attained his majority. But if he undertook the responsibility for the loans I see no reason why he should not be held liable for their payments." I am of the opinion that he was perfectly right in this view.;