HANMANT KASHINATH JOSHI Vs. GANESH ANNAJI PUJARI

JUDGEMENT

(1.) The execution proceedings in which this appeal has been preferred were instituted by decree-holders under a decree passed in the Court of the Nyayadhish of the Sangli State for Rs. 14, 403-2-1 against Kashinath Ramchandra Joshi, the father of the appellants. The decree falls within the class of decrees mentioned in Section 44 of the Civil Procedure Code as capable of execution in British India as if passed by a Court of British India.

(2.) The appellants applied in the Court of the First Class Subordinate Judge of Satara for the raising of an attachment which had been levied under the Sangli decree upon their ancestral family property situate in the jurisdiction of the Satara Court on the ground that the money debt in the decree against their father was tainted with illegality and immorality and therefore the sons shares were not liable in execution.

(3.) The learned Judge held that the appellants father had been guilty of a breach of civil duty as trustee but that there was no evidence that the monies for which the liability was imposed by the decree were duo on account of immorality under the decisions in Venugopala Naidu v. Ramanadhan Chetty (1912) I.L.R 37 Mud. 458; Chhakauri Mahton v. Ganga Prasad (1911) I.L.R. 39 Cal. 862; and Durbar Khachar v Khachar Harsur (1908) I.L.R. 32 Bom. 348; 10 Bom. L.R. 297. The application was on this ground rejected.