SIDHESHW AR MUKHERJEE versus BHUBNESHWAR PRASAD NARAIN SINGH AND OTHERS

SIDHESHW AR MUKHERJEE versus BHUBNESHWAR PRASAD NARAIN SINGH AND OTHERS

A person who has obtained a decree against a member of a joint Hindu family for debts not immoral or illegal is entitled to attach and sell judgment-debtor's interest, and sons' interest will also pass to purchaser, regardless of whether the judgment-debtor was karta or not, and regardless of family constitution at the time. Sons need not be made parties to suit or execution proceedings, but retain the right to challenge the nature of debt subsequently.

Parties
Appellant: Sidheshwar Mukherjee; Respondent: Bhubneshwar Prasad Narain Singh; Respondent: Respondents Nos. 3 and 4
Jurisdiction
India
Judgment Date
05 October 1953
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Decree
Outcome
Appeal No. 53 allowed; Appeals Nos. 54 and 55 dismissed
Legal Topics
Debts, Pious Obligation of Sons, Execution of Decree, Partition, Sale of Joint Family Property, Coparcenary Interest
Hindu Law Debts Pious Obligation of Sons Execution of Decree Partition Sale of Joint Family Property Coparcenary Interest

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Parties

Sidheshwar Mukherjee

Appellant

Bhubneshwar Prasad Narain Singh

Respondent

Respondents Nos. 3 and 4

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Decree

Legal Issues

  1. 1 Extent of share acquired by auction purchaser in joint Hindu family property upon execution of decree against a junior member for debts not immoral or illegal
  2. 2 Whether the purchaser acquires sons' interest when decree is against father but father is not karta
  3. 3 Whether sons must be made parties to suit or execution proceedings for their interests to be affected

Ratio Decidendi

A person who has obtained a decree against a member of a joint Hindu family for debts not immoral or illegal is entitled to attach and sell judgment-debtor's interest, and sons' interest will also pass to purchaser, regardless of whether the judgment-debtor was karta or not, and regardless of family constitution at the time. Sons need not be made parties to suit or execution proceedings, but retain the right to challenge the nature of debt subsequently.

Court Disposition

Appeal No. 53 allowed; Appeals Nos. 54 and 55 dismissed

Orders

  • Judgment and decree of High Court set aside; those of trial judge restored
  • Plaintiff entitled to costs in Supreme Court and court below