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Nalupurakkal Tarwad Karnavan Syyali Vs. Kakki Mutaliar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.397
AppellantNalupurakkal Tarwad Karnavan Syyali
RespondentKakki Mutaliar and ors.
Cases ReferredIn Nathuram Siviji Sett v. Kutti Haji
Excerpt:
legal representative - decree against sons for debt due by father--personal decree--finding that sons not possessed of sufficient assets of the father. - 1. the district judge does not find that sufficient assets have come into the hands of the defendant. the proper decree to make is only one against the assets. the personal decree ought to be set aside. in nathuram siviji sett v. kutti haji 20 m.a 446 there was a finding that the defendants had taken sufficient assets.2. we modify the decrees of the courts below ' by striking out the portion relating to the personal decree.3. the defendant denied liability altogether and although he succeeds in getting rid of the personal liability, it must be remembered he is in possession of some assets.4. the proper order as to costs will be that the appellant do pay half the respondents' costs throughout.
Judgment:

1. The District Judge does not find that sufficient assets have come into the hands of the defendant. The proper decree to make is only one against the assets. The personal decree ought to be set aside. In Nathuram Siviji Sett v. Kutti Haji 20 M.a 446 there was a finding that the defendants had taken sufficient assets.

2. We modify the decrees of the Courts below ' by striking out the portion relating to the personal decree.

3. The defendant denied liability altogether and although he succeeds in getting rid of the personal liability, it must be remembered he is in possession of some assets.

4. The proper order as to costs will be that the appellant do pay half the respondents' costs throughout.


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