AIR 1954 MADRAS 961 ::1967 MadLW 681

Madras High Court

Hon'ble Judge(s): Subba Rao, Panchapakesa Ayyar, N. Rajagopala Ayyangar , JJJ

(A) Hindu Law - Debts - Son's liability - Decree against father - Sale in execution of mortgage decree - Binding effect on son. A mortgage decree for sale simpliciter, without any personal liability, obtained against a father alone on a mortgage of the joint family property created by him for a purpose not binding on the family is not binding on the son's share by the application of the principle of pious obligation, but a sale held of the joint family property in execution of such a decree is binding on the son's share.(Para 86) A mortgage decree is a debt within the meaning of the second proposition laid down by the Judicial Committee in 'Brij Narain v. Mangala Prasad', AIR 1924 PC 50. If a mortgage is not binding on the sons for the reason that it was not for necessity or was not in discharge of an antecedent debt, the same infirmities would continue to attach to the mortgage decree. The operation of the second proposition should, therefore be confined only to a case where joint family property is sold in execution of a decree, whether it is a mortgage decree or a simple decree. So construing it must be held that by reason of that express proposition it is not now open to the Courts to go behind if the son cannot question the sale held in execution of a mortgage decree unless he alleges and proves that the debt involved in t....