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Arunachala Chetti Vs. Munisami Mudali and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad39
AppellantArunachala Chetti
RespondentMunisami Mudali and ors.
Excerpt:
hindu law - son's liability for father's debt--burden of proof. - muttusami ayyar and hutchins, jj.1. we think that the lower courts were right in throwing the burden of proof on the plaintiff. it has been found that the mortgage was not executed to secure the payment of an antecedent debt. if the plaintiff had joined the sons in his suit against the father, he would have had to establish the liability of their shares, and his position cannot be improved by obtaining a decree against the father alone. the sons subsequently brought a suit for partition, pending which the property was attached and their shares released.2. we dismiss the second appeal with costs.
Judgment:

Muttusami Ayyar and Hutchins, JJ.

1. We think that the Lower Courts were right in throwing the burden of proof on the plaintiff. It has been found that the mortgage was not executed to secure the payment of an antecedent debt. If the plaintiff had joined the sons in his suit against the father, he would have had to establish the liability of their shares, and his position cannot be improved by obtaining a decree against the father alone. The sons subsequently brought a suit for partition, pending which the property was attached and their shares released.

2. We dismiss the second appeal with costs.


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