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Rebala Pera Reddi Vs. Mohamed Abdul HussaIn Sahib Garu - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Reported in(1896)6MLJ702
AppellantRebala Pera Reddi
RespondentMohamed Abdul HussaIn Sahib Garu
Excerpt:
- - the act clearly contemplates only cases of succession and our attention is also drawn to act v of 1881, section 4. but the promissory note sued on stands in the name of the father.1. it is argued that the debt is claimed by the son by right of survivorship and that the case is not within the scope of the certificate act. the act clearly contemplates only cases of succession and our attention is also drawn to act v of 1881, section 4. but the promissory note sued on stands in the name of the father. there is-nothing on the record to show that the debt sued for was a joint family debt. the question therefore does not arise upon the face of the documents or upon the pleadings in the case. we must decline to interfere and dismiss the petition with costs.
Judgment:

1. It is argued that the debt is claimed by the son by right of survivorship and that the case is not within the scope of the Certificate Act. The act clearly contemplates only cases of succession and our attention is also drawn to Act V of 1881, Section 4. But the promissory note sued on stands in the name of the father. There is-nothing on the record to show that the debt sued for was a joint family debt. The question therefore does not arise upon the face of the documents or upon the pleadings in the case. We must decline to interfere and dismiss the petition with costs.


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