SANT PRASAD SINGH Vs. BABU HARI SINGH

JUDGEMENT

(1.) In this case I am of opinion that this Rule should be made absolute.

(2.) The suit was brought by the plaintiff to recover his share of certain property. It appears that the plaintiff s father Tipan Pershad and a man called Hari Singh had bought an estate for about Rs. 19,000 odd. The sale having been set aside, these two became entitled to get the money back, and it was Tipan Pershad who through the hand of his servant drew out the purchase-money which had been deposited; and, instead of handing over the share which belonged to Hari Singh, he converted the whole of it to his own use. Hari Singh then instituted a suit and obtained a decree against Tipan Pershad, and in execution of that decree purchased the property in question. Consequently, the plaintiff brought the present action against Hari Singh.

(3.) The first Court and the second Court decreed the suit on the ground that the act of Tipan Pershad in appropriating the money to his own use was a criminal act, and rendered him liable to prosecution under Section 403 of the Indian Penal Code, and consequently the share of the son in the property was not bound. The point is stated clearly in the judgment of the learned District Judge, which is as follows: "If Tipan Pershad took the money under circumstances which would justify his conviction under Section 403 of the Indian Penal Code, the family is not liable. This was the view taken by the lower Court of the law and it is, in my opinion, a sound and correct view. The only question for decision by this Court is:--Was the money taken by Tipan Pershad with the intention of causing wrongful loss to Hari Singh and others? The lower Court has found that it was so." Then the learned District Judge goes on to review the facts, and comes to this conclusion, "I find on the facts that Tipan Pershad took this money under circumstances rendering him liable to conviction under Section 403 of the Indian Penal Code and that therefore, the family property is not liable to satisfy the decree in respect of it."