Lala Maha Deo vs Ranbir Singh - 1944 Supreme(Lah) 1

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1944 Supreme(Lah) 1

DIN MOHAMMAD
Lala Maha Deo – Appellant
Versus
Ranbir Singh – Respondent

JUDGMENT

Din Mohammad, J. - The question referred to the Full Bench is:

Whether a Hindu son, in a suit to avoid the liability of the joint family property in his hands, in execution of a mortgage or a simple money decree obtained against his father, can go behind the decree so as to challenge the existence of the debt on which the decree is based?

2. The following pedigree may be helpful in understanding the circumstances in which this reference has arisen:

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3. This family was a joint Hindu family originally, but disrupted in 1918. A factory known as Chandu Lal Company was owned by the family to the extent of one-half, the other f half being owned by a stranger, Dev Raj. He transferred his share to one Sahib Earn. In the partition that took place in 1918, no share of the factory was allotted to Jai Dev. On 10th July 1924, he, however, purchased Sahib Ram's share and at the same time took on lease the other half share belonging to the remaining members of his own family. In 1929, certain disputes arose between Jai Dev and his lessors which were referred to the arbitration of one Lala Parkash Chander. On 27th January 1981, the arbitrator made an award settling a liability of Rs. 38,9