V.RAO
Minor Palanivel – Appellant
Versus
Sivakami Ammal – Respondent
Venkatasubba Rao, J.
1. The question that is raised by this appeal is whether in execution of a decree for mesne profits, the shares of the sons of the judgment-debtor, in the joint family property, are liable to be attached and sold. It is contended for the sons, that the obligation, recognised by the decree, is in respect of a debt, which it is not the pious duty of the sons, under the Hindu Law, to discharge.
2. In regard to the application of the rule enunciated in the ancient Hindu Law Texts, the Courts were confronted, from time to time, with great difficulty. The bare statement of the rule is simple enough. But it was found inadequate, when it had to be applied to different and various sets of facts. The result has been want of uniformity in the interpretations, as well as the application of the rule. The large body of case-law on the subject, will show that the Judges, while theoretically seeming to accept the rule itself, have had to decide each case, on grounds, as far as possible, of equity, justice and good conscience.
3. A very full, able and careful argument was addressed to us by Mr. Venkatasubramania Iyer, the learned Counsel for the appellants and he strongly
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