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Balak Ram Vs. Munia and ors.

Balak Ram vs Munia and ors.

Type Court Judgment Court Allahabad Decided Dec 31, 1969
~1 min read
https://sooperkanoon.com/case/457634

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Citation
Court
Allahabad High Court
Judge
Decided On
Subject
Family

Case Summary

AI-generated summary - not the official court judgment text.

Certificate to collect debts - Act XXVII of 1860--Alienation of the estate of a deceased person for the payment of his debts--Succession. -

Key legal issue
Family

Parties & Advocates

Appellant / Petitioner

Balak Ram

Respondent

Munia and ors.

Legal References

Reported In
(1880)ILR2All513

Excerpt

certificate to collect debts - act xxvii of 1860--alienation of the estate of a deceased person for the payment of his debts--succession. - pearson, j.1. in our judgment all the grounds of appeal are valid and must be allowed. the reasons for which the court of first instance exempted the daughters and the estate of the deceased bisram from liability to the plaintiff's claim were sound and incontrovertible; while those assigned by the lower appellate court for decreeing the claim against the appellants and the mortgaged property are untenable. musammat janki was not one of bisram's heirs; she had no share or interest in the estate left by him; and she was wholly incompetent to contract debts even for the purpose of paying debts for which that estate may have been liable, and still less was she justified in creating a charge or lien on that estate. the plaintiff cannot therefore by virtue of acts done by her claim to recover moneys advanced by him to her, even though they may have been applied to the liquidation of bisram's debts, from his daughters and estate. accordingly we reverse the lower appellate court's decree in so far as it, modifies the subordinate judge's decree, and affirm the latter in its entirety. the costs of the appeal are awarded to the appellants.

Full Judgment

Pearson, J.

1. In our judgment all the grounds of appeal are valid and must be allowed. The reasons for which the Court of First instance exempted the daughters and the estate of the deceased Bisram from liability to the plaintiff's claim were sound and incontrovertible; while those assigned by the lower Appellate Court for decreeing the claim against the appellants and the mortgaged property are untenable. Musammat Janki was not one of Bisram's heirs; she had no share or interest in the estate left by him; and she was wholly incompetent to contract debts even for the purpose of paying debts for which that estate may have been liable, and still less was she justified in creating a charge or lien on that estate. The plaintiff cannot therefore by virtue of acts done by her claim to recover moneys advanced by him to her, even though they may have been applied to the liquidation of Bisram's debts, from his daughters and estate. Accordingly we reverse the lower Appellate Court's decree in so far as it, modifies the Subordinate Judge's decree, and affirm the latter in its entirety. The costs of the appeal are awarded to the appellants.

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