MUNISWAMY REDDIAR Vs. S RAMAMURTI

JUDGEMENT

(1.) APPEAL by defendants 2 to 4 in the mortgage suit, O. S. 51 of 1957 on the file of the Sub-Court, Vel-lore, against the final decree passed against them. The suit mortgage was executed by the first defendant, Rama-chandra Reddiar, the father of the appellants, on 16-10-1948, for Rs. 30,000 in favour of Abdul Hadi and azeesullah Basha Saheb, in discharge of two prior promissory notes executed by him for Rs. 10,000 and Rs. 5,000 on 17-8-1946 and 9-10-1946, and a sum of Rs. 15,000 alleged to have been reserved with the mortgagees, which was not actually received by him. Ramachandra Reddiar was adjudged insolvent in I. P. 13 of 1947, Sub-Court, Vellore in January 1947. The Official Receiver filed I. A. 12 of 1951 on 8-1-1951 under Sections 53 and 54 of the Provincial Insolvency Act, and the Subordinate Judge set aside the transaction under Section 53 of the Provincial insolvency Act But on appeal by the mortgagees, the District Judge in C. M. A. 38 of 1955 on the file of the District Court, Vellore, set aside the order of the subordinate Judge. But this court in C. R. P. 1211 of 1957 set aside the order of the district Judge and restored the order of the Subordinate Judge. The important portion of the order is as follows:

(2.) THE suit mortgage was executed by the first defendant Ramachandra Reddiar alone. Two of his sons, defendants 3 and 4, were minors at that time. Ramachandra Reddiar did not purport to execute the suit mortgage on behalf of his sons. The liability of the appellants as the sons of Ramachandra Reddiar is the liability of the undivided sons of a Hindu family to discharge the antecedent debts of their father, which are not tainted by immorality or illegality. The principles of law are clearly enunciated in paragraph 326 at page 409 of Mayne's "hindu Law and Usage" 11th Edn. and the following passages in the said paragraphs are relevant:-

(3.) THE sons alone cannot be sued in respect of a debt incurred by their father during their father's lifetime. In Section 292 (3) at page 329 of Mulla's Hindu Law, 13th Edn. it is stated-