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Armugani Pillai Vs. Sabapathi Padiachi - Court Judgment

LegalCrystal Citation
SubjectFamily;Property
CourtChennai
Decided On
Judge
Reported in(1882)ILR5Mad12
AppellantArmugani Pillai
RespondentSabapathi Padiachi
Excerpt:
hindu law - purchase by decree-holder of family property in execution of decree against undivided brother--suit by brother to recover share--rights of debtor only sold--nature of debt immaterial. - .....this case quite rightly. 'the sale by court auction could not pass to the purchaser more than the right, title, and interest of the defendant, and the process of execution, which placed the purchaser in possession of a larger amount of the property than was due to the defendant, gave a right of action to the plaintiff against the purchaser. the question of whether the debt was a debt binding on the family, and one for which, therefore, if the previous suit had been properly framed for the purpose, the plaintiff, the brother of the debtor, might likewise have been made liable, could not be entered upon in the present suit, in which the question is whether the defendant has not been, by an error in procedure in execution, placed in possession of property to which the sale proclamation and.....
Judgment:

Innes and Muttusami Ayyar, JJ.

1. We think the Judge has disposed of this case quite rightly. 'The sale by Court auction could not pass to the purchaser more than the right, title, and interest of the defendant, and the process of execution, which placed the purchaser in possession of a larger amount of the property than was due to the defendant, gave a right of action to the plaintiff against the purchaser. The question of whether the debt was a debt binding on the family, and one for which, therefore, if the previous suit had been properly framed for the purpose, the plaintiff, the brother of the debtor, might likewise have been made liable, could not be entered upon in the present suit, in which the question is whether the defendant has not been, by an error in procedure in execution, placed in possession of property to which the sale proclamation and sale certificate could give him no title.

2. We dismiss the appeal with costs.


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