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Kalpu Rai and anr. Vs. Rameshra and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad
Decided On
Judge
Reported in(1924)ILR46All264
AppellantKalpu Rai and anr.
RespondentRameshra and ors.
Excerpt:
hindu law - joint hindu family--sale of family property by uncle, acting as manager, to pay a debt incurred by his own father, who was also the nephew's grandfather--sale not upheld. - grimwood mears, kt., c.j. and pigggtt, j.1. after hearing arguments in the case and considering the recently pronounced decision of their lordships of the privy council, in the case of brif narain v. mangal prasad (1923) i.l.r. 465 all. 95, we are of opinion that this case was rightly decided by the learned judge of this court. there is nothing in the principles laid down by their lordships of the privy council in the case above quoted to warrant the view that an uncle acting' as manager of a joint family is entitled to sell the share of his nephew in the joint family property in order to discharge a debt incurred by his own father, even though the said father be also the grandfather of the nephew whose property is alienated. on this ground we dismiss this appeal with costs.
Judgment:

Grimwood Mears, Kt., C.J. and Pigggtt, J.

1. After hearing arguments in the case and considering the recently pronounced decision of their Lordships of the Privy Council, in the case of Brif Narain v. Mangal Prasad (1923) I.L.R. 465 All. 95, we are of opinion that this case was rightly decided by the learned Judge of this Court. There is nothing in the principles laid down by their Lordships of the Privy Council in the case above quoted to warrant the view that an uncle acting' as manager of a joint family is entitled to sell the share of his nephew in the joint family property in order to discharge a debt incurred by his own father, even though the said father be also the grandfather of the nephew whose property is alienated. On this ground we dismiss this appeal with costs.


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