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Bhagavatulu Suryanarayana and anr. Vs. Yelesvarapu Venkata Subarayadu and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.648
AppellantBhagavatulu Suryanarayana and anr.
RespondentYelesvarapu Venkata Subarayadu and ors.
Cases ReferredKuriyali v. Mayan
Excerpt:
hindu law - son's liability for father's debts--simple money decree against father--execution against sons--civil procedure code (act xiv of 1882), section 234. - 1. a simple money-decree was obtained against the father of defendants nos. 1 and 2. after the decree the father died and defendants nos. 1 and 2 were brought on record as his representatives under section 234, civil procedure code, 1882, and in execution the suit property was sold. the courts below have held that the execution proceeding's are binding on defendants nos. 1 and 2, and this is in accordance with the decision in kuriyali v. mayan 7 mk. 255. this decision was held to be wrong in zemindar of karvetnagar v. trustee of tirumalai devastanam 32 mk. 429 : 2 ind. cas. 18 : 19 m.l.j. 401 but that was only because the decree in kuriyali v. mayan 7 mk. 255 was a mortgage-decree which contained a direction for sale. the correctness of the decision as applied to a simple money-decree was.....
Judgment:

1. A simple money-decree was obtained against the father of defendants Nos. 1 and 2. After the decree the father died and defendants Nos. 1 and 2 were brought on record as his representatives under Section 234, Civil Procedure Code, 1882, and in execution the suit property was sold. The Courts below have held that the execution proceeding's are binding on defendants Nos. 1 and 2, and this is in accordance with the decision in Kuriyali v. Mayan 7 MK. 255. This decision was held to be wrong in Zemindar of Karvetnagar v. Trustee of Tirumalai Devastanam 32 MK. 429 : 2 Ind. Cas. 18 : 19 M.L.J. 401 but that was only because the decree in Kuriyali v. Mayan 7 MK. 255 was a mortgage-decree which contained a direction for sale. The correctness of the decision as applied to a simple money-decree was not dealt with.

2. The second appeal is dismissed with costs.


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