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Kristo Gobind Majumdar Vs. Hem Chunder Chowdhry - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1889)ILR16Cal511
AppellantKristo Gobind Majumdar
RespondentHem Chunder Chowdhry
Cases ReferredHurry Mohun Rai v. Gonesh Chunder Doss I.L.R.
Excerpt:
execution of decree - personaldecree against person having life interest--decree for arrears of rent--hindu law. - prinsep and wilson, jj.1. decrees for arrears of rent were obtained against brojosundari, a hindu widow, which are now put into execution after her death against properties forming her father's estate in which she had only a life interest. the question raised on these appeals is, whether they are decrees merely against her personally, and, therefore, to be satisfied out of whatever she left at her death, or whether the estate which has passed to the next heirs, is liable.2. we are of opinion that the principle laid down by their lordships of the privy council in the case of baijun doobey v. brij bhookun lall awusti l.r. 2 i.a. 275 : i.l.r. 1 cal. 133 should be adopted, and that the debt cannot be regarded as other than a personal debt, payment of which can be enforced only against the.....
Judgment:

Prinsep and Wilson, JJ.

1. Decrees for arrears of rent were obtained against Brojosundari, a Hindu widow, which are now put into execution after her death against properties forming her father's estate in which she had only a life interest. The question raised on these appeals is, whether they are decrees merely against her personally, and, therefore, to be satisfied out of whatever she left at her death, or whether the estate which has passed to the next heirs, is liable.

2. We are of opinion that the principle laid down by their Lordships of the Privy Council in the case of Baijun Doobey v. Brij Bhookun Lall Awusti L.R. 2 I.A. 275 : I.L.R. 1 Cal. 133 should be adopted, and that the debt cannot be regarded as other than a personal debt, payment of which can be enforced only against the property left by the widow. The case decided by the Full Bench of this Court-Hurry Mohun Rai v. Gonesh Chunder Doss I.L.R. 10 Cal. 823 is not in point, as the debt of the Hindu widow was contracted under different circumstances, such as were held by the majority of the Judges to bind the ancestral estate. We accordingly set aside the order of the lower Courts with costs.


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