LAXMIPATIRAO SHRINIWAS RAO DESHPANDE Vs. KRISHTRAO BHIMRAO DESHPANDE

JUDGEMENT

(1.) THIS second appeal raises a question of Hindu law which is whether a Hindu son is liable to pay the debt of his father in respect of a liability incurred by him in relation to a decree for mesne profits.

(2.) THE appellant who is the son of defendant 1 contends that he is not liable to pay the debt because the debt is ayyavaharika, and the question is whether the contention is well founded. THE facts necessary to understand the question may be shortly stated.

(3.) DEFENDANT 13 in that suit, i. e. , plaintiff 2 in this suit, obtained possession of the share falling to her husband on or about 23rd July 1923. She then applied for having the amount of mesne profits awarded to her under the decree in the suit of 1902 as confirmed in appeal ascertained and asked for a final decree ; and, on 25th March 1926, a final decree was passed, and plaintiff 2 became entitled to recover the amount of mesne profits in the sum of Rs. 4,375 with interest at 12 per cent, from the date of the final decree in respect of her 1/5th share, and that decree was passed against defendant 1 who is the father of the present appellant.