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Nathu and anr. Vs. Musammat Tulsha - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1918All342(2); 45Ind.Cas.728
AppellantNathu and anr.
RespondentMusammat Tulsha
Excerpt:
hindu law - alienation by widow of her husband's property to pay off his debts--payment undertaken by relative of deceased--failure of relative to discharge obligation, whether revives debt. - - the mere fact that kunji did not perform his obligations would not revive the debt so as to make it a good consideration for the alienation of the property.1. we think the view taken by the court below was correct on the findings of fact arrived at by it. assuming that there was a debt due by gillay which it was the legal and pious duty of the widow to discharge, that debt was discharged by kunji taking over the liability and agreeing to pay it oft by instalments. it than ceased to be a debt either of gillay or his widow. the mere fact that kunji did not perform his obligations would not revive the debt so as to make it a good consideration for the alienation of the property. we dismiss the appeal with costs.
Judgment:

1. We think the view taken by the Court below was correct on the findings of fact arrived at by it. Assuming that there was a debt due by Gillay which it was the legal and pious duty of the widow to discharge, that debt was discharged by Kunji taking over the liability and agreeing to pay it oft by instalments. It than ceased to be a debt either of Gillay or his widow. The mere fact that Kunji did not perform his obligations would not revive the debt so as to make it a good consideration for the alienation of the property. We dismiss the appeal with costs.


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