http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 13
PETITIONER: S. M. JAKATI & ANOTHER
Vs.
RESPONDENT: S. M. BORKAR & OTHERS
DATE OF JUDGMENT: 24/09/1958
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER
CITATION: 1959 AIR 282 1959 SCR Supl. (1)1384 CITATOR INFO : R 1964 SC 880 (13) E&R 1978 SC1791 (17,18,19,20,22,25)
ACT: Hindu Law-Debts of father-Pious obligation of son-Partition, if affects such obligation-Avyavaharika, Meaning of-Sale of joint family property-" Right, title and interest of defaulter Bombay Land Revenue Code, 1879 (Bom. V of 1879), s. 55.
HEADNOTE: j was the managing director of a Co-operative Bank getting a yearly remuneration of Rs. 1,000. The Bank went into liquidation and an examination of the affairs having showed that the monies of the Bank were not properly invested and that J was negligent in the discharge of his duties, a payment order for Rs. 15,100 was made by the Deputy Registrar of Co-operative Societies against him. On July 27, 1942, for the realisation of the amount, an item of property belonging to the joint family of J was attached by the Collector and brought to sale under s. 155 of the Bombay Land Revenue Code, and purchased at auction by the first respondent. This sale was held on February 2, 1943, and confirmed on June 23, 1943. In the meantime on January 15, 1943, one of the sons of J insti...