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Hava Bhayi and ors. Vs. Lakshmi Doss ThoppaIn Sait and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.43
AppellantHava Bhayi and ors.
RespondentLakshmi Doss ThoppaIn Sait and ors.
Cases ReferredMagaluri Garudiah v. Narayana Rungiah
Excerpt:
evidence - burden of proof--executors de son tort--liability of persons taking property of a debtor after his decease--possession of some property of a deceased debtor. - .....deceased, and this is sufficient to throw upon them the burden of proving that they did not receive so much of the property of the deceased as would satisfy the debt, vide magaluri garudiah v. narayana rungiah 3 m.k 359. this burden they did not discharge. the lower court's decree against defendants nos. 1 and 3 is confirmed and their appeal dismissed with costs. the personal decree against the 2nd defendant is set aside with vakils' fee paid by heir and one-third of the other costs in this and the lower appellate court.
Judgment:

1. Against the 2nd defendant nothing is shown except that she is living with her husband in a house which is said to have belonged to the deceased, a point, however, on which the District Judge has recorded no finding. As regards defendants Nos. 1 and 3 the decree is right. It is found that they took possession of some of the property of the deceased, and this is sufficient to throw upon them the burden of proving that they did not receive so much of the property of the deceased as would satisfy the debt, vide Magaluri Garudiah v. Narayana Rungiah 3 M.k 359. This burden they did not discharge. The lower Court's decree against defendants Nos. 1 and 3 is confirmed and their appeal dismissed with costs. The personal decree against the 2nd defendant is set aside with Vakils' fee paid by heir and one-third of the other costs in this and the lower appellate Court.


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