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Kanakamma Vs. Venkataratnam - Court Judgment

LegalCrystal Citation
SubjectFamily;Property
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad586
AppellantKanakamma
RespondentVenkataratnam
Excerpt:
hindu law - executor de son tort--payment of debt due by deceased--suit to recover amount paid from heir. - .....her brother-in-law, contested her right of succession and obtained possession. she brought a suit to recover possession and eventually succeeded; while the suit was pending, a creditor of the deceased sued the plaintiff and the widow, and obtained a decree for the liquidation of the debt out of the estate. the plaintiff paid the debt out of his own moneys before the widow obtained her decree. the property of a deceased person is, under hindu law, liable for his debts, in whosoever hands it may be found. the plaintiff having the estate in his hands could not have resisted the decree, and, by reason of the decree, became under a legal liability to make the payment. having done so to save the estate, we consider he is entitled to recover the amount. the appeal fails and is dismissed.....
Judgment:

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

1. The defendant's husband died and the plaintiff, her brother-in-law, contested her right of succession and obtained possession. She brought a suit to recover possession and eventually succeeded; while the suit was pending, a creditor of the deceased sued the plaintiff and the widow, and obtained a decree for the liquidation of the debt out of the estate. The plaintiff paid the debt out of his own moneys before the widow obtained her decree. The property of a deceased person is, under Hindu Law, liable for his debts, in whosoever hands it may be found. The plaintiff having the estate in his hands could not have resisted the decree, and, by reason of the decree, became under a legal liability to make the payment. Having done so to save the estate, we consider he is entitled to recover the amount. The appeal fails and is dismissed with costs.


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