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1923 Supreme(All) 452

Raja Singh – Appellant
Versus
Durga Singh – Respondent


JUDGMENT

Daniels, J. - These appeals by the defendants arise out of two suits to set aside two sale-deeds executed by two adult members of the joint family to which the plaintiffs belong and by their mother. The sole issue in the case which is now material was whether these deeds where executed for purposes binding on the joint family estate. The consideration of the sale-deeds is made up of various items but the only item which is in dispute in this appeal consists of Rs. 415 which was applied to pay off a mortgage executed by the father of the plaintiffs. Part of the consideration was set off against each sale-deed. Following the law as laid down in Sahu Ram Chandra Vs. Bhup Singh, (1917) 19 BOMLR 498 the Courts below have gone on to consider how far this mortgage was executed for legal necessity. Some items have been allowed and the others disallowed. The appellants do not challenge the findings as to the separate items. Their argument is that, inasmuch as the father who executed the mortgage is dead, it is immaterial whether the mortgage was executed for legal necessity or not. They invoke the doctrine of pious obligation on the part of the sons and say that the debt is binding

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