DHARMODAYAM COMPANY Vs. BALAKRISHNAN

JUDGEMENT

(1.) These appeals arise from the decision of the Subordinate Judge of Kozhikode in O.S. No. 17 of 1956. The plaintiffs are the appellants in A.S. No. 551 of 1958. The 2nd defendant is the appellant in A.S. No. 558 of 1958.

(2.) The suit was in pursuance of : two chitty hypothecation bonds executed by the 1st defendant in favour of the Dharmodayam Company, Trichur, of which the plaintiffs were the trustees. The 2nd defendant, the son of the 1st defendant, contended that the family properties cannot be made liable for the debt under the law obtaining in the Thiyya community of Calicut to which the 1st and 2nd defendants belonged.

(3.) The contentions of the 2nd defendant were that according to the customary law applicable to the community the family properties were not partible and there was no rule of pious obligation to discharge the debts of father. The learned Subordinate Judge rejected the first contention, accepted the second, and directed as follows: