AIR 1935 LAHORE 176

Lahore High Court

Hon'ble Judge(s): Hilton, Rangi Lal , JJ

(A) Hindu Law - Debts - Alienation by father to pay off antecedent debt or to raise money for legal necessity - Sons have pious duty to pay if they are not immoral or illegal - Onus is on sons to prove that debts are illegal or immoral - Merely showing that father was of immoral character is not sufficient - Connexion between debts and alleged immorality must be proved. Under Hindu Law a father's alienation cannot be attacked, if it is made to pay off antecedent debts or to raise money for legal necessity. The sons have a pious duty to pay their father's debt if they were not immoral or illegal and the whole of the family property can be sold in execution of a decree passed on the basis of such debts. If the sons contend that the debts were raised for immoral purposes, it is incumbent on them to prove a clear connexion between the debts and the alleged immorality. It is not sufficient to prove that the debtor was a person of immoral character.(Para 177C1) (B) Hindu Law - Debts - Manager has no power to alienate interest of minor member for purpose of new business started by him. The manager of a joint Hindu family, even if he be the father, and whether the family be Mitakshara of Dayabhanga, has no power to alienate the interest of a minor me....