NDLI: Pannalal and Another Vs. Mst. Naraini and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Hindu law-Debts-Preparation debts of father-Sons'
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Hindu law-Debts-Pre-partition debts of father-Sons' liability '• -Pious liability of son-Nature and extent, and mode of enforcement-Decree against estate of father in sons' hands as legal representatives-Whether executable against property allotted to sons o-n partition-Civil Proccdure Code (Act V of 1908), ss. 47, 52, 53.B, acting as n1anager of a joint Hindu fan1ily, consisting of himself and his sons executed a mortgage deed in favour of the plaintiff, hypothecating certain movables to secure a loon. Subsequently the sons obtained a partition decree against their father and the joint family properties were divi9ed by metes and bounds and separate possession was taken by the father and the sons. Later on, the plaintiff filed a suit against B praying for a decree against the mortgaged property as well as against the joint family. The sons applied for being impleaded as defendants stating that the mortgaged properties were allotted to them by the partition decree and B was not the manager of a joint Hindu family. In reply the plaintiff gave up the claim for a mortgage decree stating that she would be satisfied with a money decree against B and the plaint was amended accordingly. B died and his sons were brought on the record as his legal representatives. The sons pleaded, inte1· alia, that the debt was illegal and immoral as it related to speculative transactions by the father. The parties arrived at a compromise and on the basis thereof a simple money decree was passed in favour of the plaintiff against the estate of B in the hands of his legal representatives. The judgment-debtors (sons) disputed their liability 011 three grounds, viz., (i) that under the terms of the compromise decree, the decree-holder could proceed only against the properties of B in the hands of his legal representatives and no property belonging to the sons could be made liable for the decree; (ii) that, as the decree was obtained after partition of the joint family properties between the father and his sons, the properties of the sons obtained in partition were not liable under Hindu law for the debt of the father, (iii) that in any event if there was any pious obligation on the part of the sons to pay the father's debt incurred before partition such obligation could be enforced against the sons only in ·a properly constituted suit and not by way of execution of a decree obtained in a suit which was brought against the father alone during his lifetime and to which the sons were made parties as legal representatives after the father's death:
Judge	Honble Mr. Justice Bijan Kumar Mukherjea
Neutral Citation	1952 INSC 14
Petitioner	Pannalal And Another
Respondent	Mst. Naraini And Others
SCR	[1952] 1 S.C.R. 544
Judgement Date	1952-03-07
Case Number	57

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