AIR 1957 KERALA 126 ::1957 Ker LT 434 ::1957 Ker LJ 389 ::ILR (1957) Ker 423

Kerala High Court

Hon'ble Judge(s): K. T. Koshi , C.J. AND Kumara Pillai , J

(A) Hindu Law - Debts - Alienation by father - Decree against father - Execution of decree - Sale of ancestral estate in satisfaction of father's debt - Liability of son's share - Son can challenge factum of debt. In a suit brought by a Hindu son alleging that his share in the joint family properties was not liable to be sold in execution of a decree obtained against his father and that the sale in execution is not binding on his share, he is not precluded by the decree against father from questioning the existence of the debt on which that decree was obtained and it is open to him to challenge the decree and the execution proceedings on the ground that the original debt itself was non-existent or fictitious.(Para 6) (B) Hindu Law - Debts - Alienation by father - Decree against father alone - Execution of decree - No pious obligation on part of sons to discharge debt - Execution sale does not include rights of sons in joint family properties. In a case in which a decree has been obtained against the father alone for a debt in respect of which the sons have a pious obligation the court gets the power to sell the sons' shares also in execution of the decree because of their pious obligation to discharge the debt, an obligation on account of whi....