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1925 Supreme(All) 312

Shiva Nath Prasad – Appellant
Versus
Tulshi Ram – Respondent


JUDGMENT

1. This is an appeal by a Hindu son-from a decree parsed in execution against him. His father had made a mortgage in favour of the plaintiff-decree-holder and a suit was instituted against him, impleading his minor son. On behalf of The Son at was pleaded that the debt was tainted with immorality and, therefore, the mortgage was bad and the son was not liable to pay the debt. The Court found that the debt was proved to have been, tainted with immorality and therefore declined to pass a decree for sale on the basis of the mortgage-deed but simply passed a money-decree against the father personally. The decree-holder put the decree for money against the father in execution and attached the whole of the ancestral property including that which had been mortgaged. The Court below has allowed the objection of the son so far sis the attachment of his interest in the property is concerned but has ordered execution against the interest of the father in the joint property. The son appeals to this Court and on his behalf it is contended in the First place that the effect of the previous decision was to make the entire family property free from all liability; and in the next place it i

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