PEDDI CHANDARAYYA Vs. PEDDI SAMBAYYA

JUDGEMENT

(1.) The question involved in this case is whether a debt amounting to about Rs. 26,000 is binding on the appellant's share in the joint family property. This second appeal will be posted before the Bench for disposal.

(2.) The Judgment of the Court was delivered by Jaganmohan Reddy, J.-This second appeal has been referred to a Bench by our learned brother, Chandrasekhara Sastry, J., as the subject-matter of the suit is valued at Rs. 26,000 It also involves the determination of the question whether the debt of the father, the 1st defendant in the suit, is binding upon the plaintiff, his son, on the doctrine of pious obligation.

(3.) The plaintiff-appellant is a minor undivided son of the 1st defendant-respondent 1st respondent was the President of Uppalapadu Co-operative Society, and in that capacity he is alleged to have misappropriated the funds of the Co-operative Society, 3rd respondent herein, for the purposes of meeting his gambling losses. The Deputy Registrar of the Co-operative Societies, 2nd respondent herein, attached the A schedule family properties and was seeking to bring them to sale on 31st August, 1956. The suit was therefore brought for division of the family property and separation of the plaintiff's share therein and for a declaration that the debts are not binding on the plaintiff, inasmuch as the debts incurred by the 1st respondent were avyavaharika debts. It was also stated that the 1st respondent's wife, i.e., the mother of the appellant, was enceinte, and that if a child was born to her, he will also be entitled to a share and that provision should also be made for the two daughters of the 1st respondent for their marriage.