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1939 Supreme(Mad) 65

ALFRED HENRY LIONEL LEACH
Rm. Ar. Ar. Rm. Arunachalam Chettiar dead – Appellant
Versus
Sabaratnam Chettiar – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. On the 24th September, 1931, the appellant obtained a decree for Rs. 19,383-10-1 with interest against one Ramaswami Chettiar and his five sons. The father and the sons constituted a joint Hindu family. In 1926 the father was adjudicated an insolvent by the Subordinate Judge of Tinnevelly. The Court of the Subordinate Judge of Devakottah subsequently obtained seisin of the insolvency proceedings and the estate of the insolvent vested in the Official Receiver of Ramnad. The Official Receiver sought to bring the whole of the family properties to sale for the benefit of the creditors on the ground that the sons shares in those properties were available for the discharge of the fathers debts on the principle of Hindu law that sons are liable for their fathers debts. The Official Receiver received bids for the various items of property in March 1932, but he did not accept any bid and adjourned the sale until the 9th April, 1932. Mean while the appellant had filed in the Court of the Subordinate Judge of Devakottah proceedings in execution of his decree and asked for the attachment of the shares of the sons in the family properties. An order was










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