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In Re: Srinivasa Aiyangar

Type Court Judgment Court Chennai Decided Jan 19, 1912
~1 min read
https://sooperkanoon.com/case/811515

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Citation
Court
Chennai
Judge
Decided On
Subject
Family;Contract

Case Summary

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

Principal and Agent - Family Karar--Agency--Words conferring power to contract debts not sufficient to constitute agency. -

Key legal issue
Family;Contract

Parties & Advocates

Appellant / Petitioner

In Re: Srinivasa Aiyangar

Legal References

Reported In
14Ind.Cas.681

Excerpt

principal and agent - family karar--agency--words conferring power to contract debts not sufficient to constitute agency. - sundara aiyar, j.1. i see no ground for interference in this case. the kararnama, exhibit b, does not constitute the 1st defendant the agent of defendants nos. 3 and 4 so as to make them liable for all debts contracted by him. it provides that the family remain a joint one, and the brothers of sreeni-vasa iyengar agree to be liable to all debts contracted by sreenivasa iyenger on auspicious occasions in the family. this does not improve the position of sreenivasa iyenger beyond what it would be under the law as the managing member of a family. the onus was on the plaintiff to prove that the debt was contracted under circumstances which would bind the other members of the family. the lower courts hold that he did not succeed in proving it. on this finding, the suit was rightly dismissed. i dismiss the petition.

Full Judgment

Sundara Aiyar, J.

1. I see no ground for interference in this case. The Kararnama, Exhibit B, does not constitute the 1st defendant the agent of defendants Nos. 3 and 4 so as to make them liable for all debts contracted by him. It provides that the family remain a joint one, and the brothers of Sreeni-vasa Iyengar agree to be liable to all debts contracted by Sreenivasa Iyenger on auspicious occasions in the family. This does not improve the position of Sreenivasa Iyenger beyond what it would be under the Law as the managing member of a family. The onus was on the plaintiff to prove that the debt was contracted under circumstances which would bind the other members of the family. The lower Courts hold that he did not succeed in proving it. On this finding, the suit was rightly dismissed. I dismiss the petition.

Continue Your Research

Same Parties In Re: Srinivasa Aiyangar vs Same Subject Family;Contract Same Judge Sundara Aiyar, J.
Family;Contract

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