LAWS(ALL)-2003-11-18

VIJAI KUMAR Vs. STATE OF UTTAR PRADESH

Decided On November 12, 2003
VIJAI KUMAR Appellant
V/S
STATE OF UPPAR PRADESH Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioners claim to be sons of late Nand Lal Vaishya. It is alleged that there were electricity dues against Nand Lal Vaishya who died on 11-5-2001. The impugned recovery has been challenged on the ground that the petitioners cannot be made liable to pay the dues of late Nand Lal Vaishya.

(3.) It is true that a man cannot be made liable to pay the dues of his father. However, if the father dies then the dues can be recovered from his estate, and if any part of the estate is inherited by the son then obviously the dues can be recovered from that part of the property of the father which has been inherited by the son. Hence this petition is disposed of with the direction that the impugned dues can be recovered from the estate of late Nand Lai Vaishya, and if any part of his property was inherited by the petitioners than it can be recovered from those properties. Order accordingly.