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PETITIONER: SIDHESHWAR MUKHERJEE
Vs.
RESPONDENT: BHUBNESHWAR PRASAD NARAINSINGH AND OTHERS.
DATE OF JUDGMENT: 05/10/1953
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. MAHAJAN, MEHR CHAND JAGANNADHADAS, B.
CITATION: 1953 AIR 487 1954 SCR 177 CITATOR INFO : R 1959 SC 282 (12,13,14,15,16) R 1966 SC 470 (5) F 1982 SC 84 (60)
ACT: Hindu law-Debts-Pious obligation of sons-Decree against junior member for debts which are not immoral or illegal- Sale of his interest in execution-Rights of purchaser- Interest of sons of junior member, whether passes to purchaser-Rule in Nanomi Babuasin’s case-Purchaser’s right to possession or share of profits.
HEADNOTE: A person who has obtained a decree against a member of a joint Hindu family for a debt due to him is entitled to attach and sell the interest of his debtor in the joint family property, and, if the debt was not immoral or illegal, the interest of the judgment debtor’s sons also in the joint family property would pass to the purchaser by such sale even though the judgment-debtor was not the karta of the family and the family did not consist of the father and the sons only when the decree was obtained against the father and the properties were sold. It is not necessary that the sons should be made parties to the suit or the execution proceedi...