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Vinukonda Veerabadram and ors. Vs. Kontalapalli Jagannadha Row and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily;Property
CourtChennai
Decided On
Reported in(1911)21MLJ443
AppellantVinukonda Veerabadram and ors.
RespondentKontalapalli Jagannadha Row and ors.
Cases ReferredVenkatramanayya v. Venkatramana Das I.L.R.
Excerpt:
- 1. the subordinate judge is in error in thinking that a sale or mortgage by the father cannot bind the son's share in the absence of an antecedent debt. the ruling in venkatramanayya v. venkatramana das i.l.r. (1905) m. 200 must be read with reference to the facts of that case.2. if there is justifying necessity for the sale or mortgage, the son's share would, undoubtedly, be bound, and this is not disputed before us. the erroneous view of the law taken by the subordinate judge has vitiated his judgment.3. we, therefore, set aside his decree and remand the appeals for disposal according to law.
Judgment:

1. The Subordinate Judge is in error in thinking that a sale or mortgage by the father cannot bind the son's share in the absence of an antecedent debt. The ruling in Venkatramanayya v. Venkatramana Das I.L.R. (1905) M. 200 must be read with reference to the facts of that case.

2. If there is justifying necessity for the sale or mortgage, the son's share would, undoubtedly, be bound, and this is not disputed before us. The erroneous view of the law taken by the Subordinate Judge has vitiated his judgment.

3. We, therefore, set aside his decree and remand the appeals for disposal according to law.


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