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Hari Vydianathayyan Vs. Minakshi Ammal - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1882)ILR5Mad5
AppellantHari Vydianathayyan
RespondentMinakshi Ammal
Cases Referred and Ishan Chunder Mitter v. Buksh Ali Soudagar Marshall Rep.
Excerpt:
hindu widow - decree for husband's debt executed against, as his representative--interest acquired by purchaser in property sold. - - 614, though not passed under precisely similar circumstances, support the conclusion......the interest which she, as representative, could convey for the payment of the debt of her husband. the decisions in the general manager of the raj durbhunga v. maharajah coomar ramaput singh 14 m. i.a. 605 and ishan chunder mitter v. buksh ali soudagar marshall rep. 614, though not passed under precisely similar circumstances, support the conclusion.2. the appeal is decreed, the decree of the lower appellate court in respect of items 1-20 reversed, and the claim in respect of those items dismissed. the appellant, whose interest extends to these items only, will recover from the respondent costs on their value in all courts.
Judgment:

Charles A. Turner, Kt., C.J. and Muttusami Ayyar, JJ.

1. The decree was a personal decree against the respondent's father for the payment of a certain sum of money. His widow was substituted as his representative after her husband, and sale of her right, title, and interest conveyed to the purchaser the interest which she, as representative, could convey for the payment of the debt of her husband. The decisions in The General Manager of the Raj Durbhunga v. Maharajah Coomar Ramaput Singh 14 M. I.A. 605 and Ishan Chunder Mitter v. Buksh Ali Soudagar Marshall Rep. 614, though not passed under precisely similar circumstances, support the conclusion.

2. The appeal is decreed, the decree of the Lower Appellate Court in respect of items 1-20 reversed, and the claim in respect of those items dismissed. The appellant, whose interest extends to these items only, will recover from the respondent costs on their value in all Courts.


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