AIR 1949 PATNA 515

Patna High Court

Hon'ble Judge(s): Imam, Ramaswami , JJ

Hindu Law - Joint family - Debts - Avyavaharika debt of father - T succeeding to B's property and selling it to A - Same property sold to S by R without title - S suing for possession - Suit dismissed with costs - Execution of decree for costs - Joint family property of S and his son sold - Suit by son for declaration that sale was illegal and for possession of his share - Costs incurred by S held were avyavaharika debt - Son's share held could not be sold. In Hindu law the doctrine of pious obligation on which the son's liability is based is not absolute, but it @page-Pat516 is related to the nature and character of the debt. Since the duty cast on the son is religious or moral, it is obvious the character of the debt should be examined from the standpoint of morality and justice.(Para 4) T having succeeded, as the nearest agnate, to the property of B sold it to A who obtained possession thereof. Subsequently S obtained a fraudulent and collusive sale deed of the same property from R who claimed to be the daughter's son of B and sued A for recovery of possession. The suit was dismissed with costs and in execution of the decree for costs the entire joint family property of S and his son was sold and purchased by A. In a suit by the son of S for a declaration that the auction sale was illegal and fo....