Kolkata Court July 1911 Judgments

Lachmi Prasad Singh Vs. Basant Lal

Court: Kolkata

Reported in: 16Ind.Cas.970

1. This appeal is directed against an order by which the Court below has allowed execution of a decree passed against a Mitakshara father on the 14th January 1905, to proceed against his son. The son who is the appellant before us resisted the execution on the ground that the debt was of an immoral nature and, consequently, the decree based thereon was not enforceable as against him. The Subordinate Judge upon the evidence has held that the allegations of the son have not been established and that nothing has been shown to prove that the debt was of such a nature that the son was not liable to satisfy the demand of the creditor.2. On the present appeal, the evidence has been placed before us and we see no reason to differ from the conclusion at which the Subordinate Judge has arrived. It has been argued, however, that the decree-holder is entitled to proceed only against that portion of the ancestral property in the hands of the son which upon partition would have represented the inter...