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The Sivagiri Zamindar Vs. Tiruvengada and anr. - Court Judgment

LegalCrystal Citation
SubjectFamily;Property
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad339
AppellantThe Sivagiri Zamindar
RespondentTiruvengada and anr.
Excerpt:
hindu law - impartible zamindari--decree against zamindari directing sale of land--execution of decree against zamindar's son--civil procedure code, section 234. - .....of sivagiri and other property of the defendant. a decree was passed in these terms.2. this decree was an informal decree, directing a sale of the hypothecated property, and as that decree was passed in the zamindar's lifetime, it cannot be less effectual than a money decree followed by an attachment and order for sale, which has been held by the privy council to be capable of execution against sons as the representatives of their deceased father.3. this appeal is dismissed with costs.
Judgment:

Charles A. Turner, Kt., C.J.

1. The suit was brought against the late zamindar on a promissory note and was determined by a compromise, whereby it was agreed that the debt should be paid as therein mentioned, and that if default be made the amount should be recovered by the issue of a warrant from 60 kottais (97 1/5 acres) of wet land in the Kasba village of Sivagiri and other property of the defendant. A decree was passed in these terms.

2. This decree was an informal decree, directing a sale of the hypothecated property, and as that decree was passed in the zamindar's lifetime, it cannot be less effectual than a money decree followed by an attachment and order for sale, which has been held by the Privy Council to be capable of execution against sons as the representatives of their deceased father.

3. This appeal is dismissed with costs.


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