# 6.48 ANTBONYSWAMY v. M. R. CHINNASWAMY KOUNDAN (DIBD) BY L. RS. & ORS

- **Citation:** [1970] 2 S.C.R. 648
- **Court:** Supreme Court of India
- **Decided:** 1969-10-06
- **Case number:** Civil Appeal No. 2020 of 1966
- **Bench:** J. C. Shah, V. Ramaswami, A. N. Grover
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/6-48-antbonyswamy-v-m-r-chinnaswamy-koundan-dibd-by-l-rs-ors-4931
- **Pages:** 9

## Headnote

Hindu U.w-Christians governed by Hindu Mitakshara law-Whether
doctrine of pious ob/igallion applicable.
Pro1nissocy·note-When erulorsee could sue non-executant coparcener.r
on the debt.
The appellant filed a suit for declaring that certain execution procee<lins resulting in the sale of the suit properties were invalid, and for partition of his share therein.
The claim was based inter a/it; on : (I) that
the appellant's family were Tamil Vannian Christians governed in
the
matter of inheritance and succession by the Hindu Mitakshara law including the doctrine of right by birth, but not by that of pious obligation; and
(2) that the debt was incurred on a promissory note and that the endorsee of the note was not entitled to obtain a decree against the nonexecutant cor>arceners for sale of the family propcrtie.s.
HELD: (I) The doctrine of pious obligation is not merely a religous
doctrine but has passed into the realm of law. It is an integral part of
the Mitakshara school of the Hindu law,
wherein, the sons. from
the
moment of their birth acquire along with their _father an interest in the
joint family property. It is a
necessary and logical
corollary to the
doctrine of right by birth and the two conceptions are correlated. The
doctrine is in consonance with justice, equity and good conscience and
is not opposed to any principle of Christianity.
Therefore, the doctrine
of pious obligation is applicable to the Tamil Vannian Christians wllo were
governed by the Mitakshara law in matters of inheritance and succession.
[653 G-H; 654 G-Hl
Girdharee Lall v. Kantoo Le// (1874) 1 I.A. 321, Suraj Bansi K'<r v.
Sheo Prasad, (1880) 6 I.A. 88,
Muttayan v.
Zamindar
of Sivagirl
(1883) 9. L\. 128, Abraham v. Abraham, 9 M.I.A. 199,
243, Brij
Narain v. Mangal Prasad 51 I.A. 129 and Ba/akrishnan v. Chittoor Bank
A.LR. 1936 Mad. 9137, referred to.
(2) The endorsement in the present case was not a mere endorsement
but it has been so worded as to transfer the debt also. Therefore, the endorsee v,.·as entitled to bring a suit against the non-executant coparceners
on the ground of their liability under Hindu Law. [655 G-H; 656 B.C]

## Text

6.48
ANTBONYSWAMY
v.
M. R. CHINNASWAMY KOUNDAN (DIBD) BY L. RS. & ORS.
October 6, 1969
[J. C. SHAH, V. RAMASWAMI AND A. N. GROVER, JJ.)
Hindu U.w-Christians governed by Hindu Mitakshara law-Whether
doctrine of pious ob/igallion applicable.
Pro1nissocy·note-When erulorsee could sue non-executant coparcener.r
on the debt.
The appellant filed a suit for declaring that certain execution procee<lins resulting in the sale of the suit properties were invalid, and for partition of his share therein.
The claim was based inter a/it; on : (I) that
the appellant's family were Tamil Vannian Christians governed in
the
matter of inheritance and succession by the Hindu Mitakshara law including the doctrine of right by birth, but not by that of pious obligation; and
(2) that the debt was incurred on a promissory note and that the endorsee of the note was not entitled to obtain a decree against the nonexecutant cor>arceners for sale of the family propcrtie.s.
HELD: (I) The doctrine of pious obligation is not merely a religous
doctrine but has passed into the realm of law. It is an integral part of
the Mitakshara school of the Hindu law,
wherein, the sons. from
the
moment of their birth acquire along with their _father an interest in the
joint family property. It is a
necessary and logical
corollary to the
doctrine of right by birth and the two conceptions are correlated. The
doctrine is in consonance with justice, equity and good conscience and
is not opposed to any principle of Christianity.
Therefore, the doctrine
of pious obligation is applicable to the Tamil Vannian Christians wllo were
governed by the Mitakshara law in matters of inheritance and succession.
[653 G-H; 654 G-Hl
Girdharee Lall v. Kantoo Le// (1874) 1 I.A. 321, Suraj Bansi K'<r v.
Sheo Prasad, (1880) 6 I.A. 88,
Muttayan v.
Zamindar
of Sivagirl
(1883) 9. L\. 128, Abraham v. Abraham, 9 M.I.A. 199,
243, Brij
Narain v. Mangal Prasad 51 I.A. 129 and Ba/akrishnan v. Chittoor Bank
A.LR. 1936 Mad. 9137, referred to.
(2) The endorsement in the present case was not a mere endorsement
but it has been so worded as to transfer the debt also. Therefore, the endorsee v,.·as entitled to bring a suit against the non-executant coparceners
on the ground of their liability under Hindu Law. [655 G-H; 656 B.C]
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2020 of
1966.
Appeal from the Judgment and decree dated July 13, 1960 of
the Kerala High Cottrt in Appeal Suit No. 251 of 1956(E).
V. S. Desai and R. Gopa/akrishnan, for the appellant.
S. T. Desai, C. H. Subramanya Iyer and S. Balakrishnan, for
re!pondent No. 5.
The Judgment of the Court was delivered by
Ramaswami, J. This appeal is brought by certificate from
the judj!rncnt of the High Court of Kerala dated July 13, 1960
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ANTHONYSWAMS v. CltlNNASWAMY (Ramaswami, 1.)
6.f,9
in Appeal Suit No. 251 of 1956. By its judgment the High
Court allowed the appeal of the deceased M. R. Chinnaswamy
Goundan, 1st defendant, reversing the judgment and decree of
the Subordinate Judge of Chittur in O.S. No. 131 of 1950 which
the appellant had filed on March 31, 1949 in forma pauperis for
declaring that certain execution proceedings resulting in the sale
of suit properties were invalid and for partition of one-fourth
share therein.
The appellant also claimed in the alternative a
decree for payment of Rs. 30,000/- as damages sustained by him
on account of fraud and collusion in the execution proceedings.
Th~ plaintiff is the son of the 8th defendant and the 9th
defendant is the brother of the 8th defendant.
The plaintiff and
deiendants 8 and 9 are Tamil Vannian Christians of Chittur
Taluk who are govem.~d in the matter of inheritance and succession by Hindu Mithakshara law.
The plaintiff has acquired a
right by birth in the ancestral properties and during the life-time
of his father the son has a right to claim partition.
The plaint
properties belonged to the family of plaintiff and defendants 8
and 9 which yield an annual profits of 4000 paras of paddy and
Rs. 1,500/-. After the death of his father Kanakappa Koundan,
the 8th defendant became the manager of the family. He led an
immoral life and incurred debts for immoral purposes. He hypothecated the family properties to the 5th defendant and obtained
money. The 5th defend~nt sued upon the mortgage bond in O.S.
No. 75 of 1107 (M.E.) of the Trichur District Court and impeaching the validity of the debts, the 9th defendant who was a
minor at that time filed a suit for partition of his half share in
O.S. 65 of 1107 (M.E.) in the same District Court. During the
pendency of the two suits the 5th defendant applied for the appointment of a r.~ceiver and the Court appointed the 7th defendant, a
friend of the 5th defendant, as receiver with a direction to pay
Rs. 40/- per mensem to the 9th defendant as maintenance till the
disposal of the suit. The plaint properties were committed to the
possession of the 7th defendant as receiver in those suits.
The suit for partition was dismissed on November 14, 1933
as by this date the equity of redemption had been sold in execution of simple money decree against defendants 8 and 9 in O.S.
203 of 1107 (M.E). The 8th defendant for himself and as
guardian of his younger brother executed a promissory note on
i 1.10.1105
(equivalent to May
1930) to one Somasundara
Swamiyar for Rs. 1,500 the consideration for which was paid
partly in cash and partly in discharge of an earlier promissory
note dated 11th Vaisakhi 1104 (June, 1929). The promisee
endorsed the note to Ramachandra Iyer on 24th Thulam 1107
(equivalent to November,
1932). Ramachandra Iyer file? a
suit on this note, O.S. 213 of 1107 on. 6.5.1107 (1931) agamst
6 50
SUPREME OOUR.T R.EPOR.TS
[ 1970] 2 S C.R.
the 8th and 9th defendants.
The suit was decreed and the dccreeholder executed the decree. The disputed properties were attached.
The properties at that time were in the possession of
the 9th defendant for sometime as receiver and then in, the hands
of a vakil appointed by the Court in his place. In execution,
one Haribara Subramania Iyer purchased the equity of redemption on 31st Karkatam 1108 (July-August, 1933). The auctionpurchaset was duly put in possession on 22.3.1109 (1933). Th!!
mortgagee Sadasiva Iyer who had obtained a decree on one of the
mortgages on 29-3-1109 (M.E), purchased the property from the
auction purchaser on 5-5-1109 (1934). As possession had already been taken by the auction purchaser in execution of the
decree passed against them, the 9th defendant did not press the
partition suit-0.S. 65 of 1107. In 1938 Sadasiva Iyer was
adjudged insolvent and the official receiver took possession.
He
sold the property in auction and the deceased 1st defendant
became the purchaser for Rs. 24,000. Exhibit XIV is the sale
deed executed by the Official Receiver on 13-7-1116 (1941).
The appellant thereafter brought the present suit for partition.
The claim of the appellant was based on the allegation that
V annia Tamil Christians living in Chittur Taluk were govern·
ed as a matter of custom by the Mitakshara School of Hindu law.
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It was said that joint family relationship subsisted as between
father and sons and where the father has inherited properties
from his father, they became ancestral properties in his hands
and so hii sons acquired a right therein by birth kcluding the right
to claim the property by survivorship. It was also said that the
decree debt in O.S. No. 213 of 1107 ME was not incurred for legal
necessity but was
incurred for immoral purposes Md so the
mortgage &bts were not binding on the appellant. The appel•
!ant was, ther~fore, entitled to one-fourth share in the properties
and to partition of his one-fourth share. The
d~ceased, 1st
defendant, contested the suit.
He claimed to be a bona
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fide purchaser for value of the entire interest in the property from
the Official Receiver in whom the properties had vested on the
insolvency of Sadasiva Iyer. It was said that he had no notice
cf any vgitiating circumstance affecting the title at public auction
conducted by the Official Receiver.
Afier the sale, defendant
no. 1 became the absolute owner of the properties and was in full
possession and enjoyment of the same. It was also contended
that the plaintiff could not claim any interest in the properties
during the life-time of his father. There was no customary right
of birth in the community to which the plaintiff belonged and
even if such right existed the plaintiff was bound to pay off his
father's debts on the doctrine of pious obligation before claiming
any partition in respect of the properties. It was also said that
the debt which was the basis of tile decree in 0.S. 213 of 1107
ME was not tainted by illegality or immorality.
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ANTBONYSWAMY v. CHINNASWAMY (Ramaswami, !.)
651
The
Subordinate Judge came to the following
findings :
The plaintiff
has established the custom that VannfJ'a
Tamil
Christians of Chittur Taluk were governed in the matter of inheritance and succession by Hindu Mitakshara law. The plaintiff has
acquired right by birth in the ancestral properties and was entitled to claim a share therein and the properties acquired with the
aid of income from ancestrnl properties also became joint family
properties. The Manager of the family for the time being cannot
alienate the p10perties except for legal necessity but the doctrine
of pious obligation imposin.2 a liability on
the son to
di5chargc
his father's debts not
incurr,!!d either for
illegal or
immoral
purposes did not apply to the community to which the plaintiff
belonged.
The decree made on the promissory note by defendant no. 8 could not be
executed against the plaintiff's share
because the right of an endorsee of a promissory note executed
by the managing member of a joint Hindu family was limited to
the note unless the endorsement was so worded as to ttansfer the
debt as well.
In the present case there was an ordinary endorsement and there was no transfer of the
debt and, therefore.
the endorsee cannot sue
the
non-executing
coparcener on
the ground of his liability under the Hindu law.
Exhibit F on
which the decree was obtained was for immoral purposes and the
decree cannot bind the
plaintiff and his share in the
di,puted
properties cannot pass in execution sale.
The mortgage decr~e
holder contrived to get the
assignment of the p<omissory note
debt and had a suit brought on it, brought the properties to sale
and got the properties purchased for his own benefit.
The execution proceedings were collusive and fraudulent and not binding
on the plaintiff.
On these findings the Subordinate Judge granted a decree for partition and recovery of possession in favour of
the plaintiff subject fo the mortgages on the property
created
before his birth.
Aggrieved by the decree of the Subordinate
Judge the !st defendant preferred an appeal to the High Court of
Kerala which allowed the appeal and dismissed the
suit
The
High Court held that the Vanniya Tamil Christians of Chittur
Taluk are governed by the Mitakshara School of Hindu law in
regard to· inheritance and succession.
The son of a member of
such community gets by birth an interest in ancestral proper!:<
owned by the father.
Tlie doctrine of pious obligation applies
and the son is bound to discharge his father's debts not tainted hy
illegality or immorality.
The debt which resulted in the execution sale was not so tainted.
The question whether the debt w0s
incurred for legal necessity was not decided.
The High Court
held that the execution oroceedings and the sale in auction are nN
vitiated by fraud or collusion.
The first question to be considered in this appeal is whether
the doctrine of pious obligation 'lccordi!'g to the
Mitakshara
school of Hindu bw is applicable to Vanniya Tamil Christians
L3 Sup Ci-11
652
SUPREME COURT REPORTS
(1970] 2 S.C.R.
of Chittur Taiuk. In para 1 of the pl~int the law applicable to
the community is stated· as follows :
"The plaintiff and defendants 8 and 9 are Tamil
Christians residing in Chittur Taiuk, the plaintiff being
the son of the 8th defendant and defendant 9 being the
younger brother of the 8th defendant.
The plaintiff
and pefendants 8 and 9 are of the Vanniya Caste and
in the matter of property rights of inheritance and succession alone they are governed by th.e Hindu Mitakshara Law.
(The plaintiff by birth is
entitled to a
share in the ancestral property and that even during
the lifetime of his father the son has every right to demand his share in the ancestral property and recover
the same even by a suit.
Tn the community to which
the plaintiff belones the propertie:; of a man became on
his death ancestral properties in the hands of the sons
and thereafter it continues for ever to be family ancestral property and tl1erein
the son has
by his birth a
right to a share even during the life time of the father.
This custom is a very ancient one and is adopted as the
law
from time
immemorial, and
governs the community.
The
above is
the
customary
law of '.he
plaintiff's community accepted and followed by them
from ancient times."
In 4 Select Decisions 485 the Chief Court of Cochin held thai:
!he Tamil Vanniya Christians of Chitrnr Taluk were governed by
the rules of Hindu Jaw in matters of inheritance and succession.
The decision was followed some 35 years later in
34 Cochin
881. The report of the Cochin Christian Succession Bill Committee
stated thai "as to the Tamil ChrL1tians of the Chittur Taluk, the
evidence shows that they follow the Hindu law of succession auci'
inheritance" and recommended that they should be excluded from
the proposed legislation.
The reconunendation was accepted by
the Maharajah of Cochin.
Section 2(2) of the Cochin Christian
Succession Act (VI of 1097) provided that nothing therein con·
tained shall be deemed to affect succession to the property of "the
Tamil Christians of Chittur Taiuk who follow the Hindu Law." In
this state of facts it was not contended on behalf of the appellant
that the Tamil Vannia Christians of the Chittur Taluk were not
governed by the Mitakishara law in matter of inheritance and succession.
But it was argued that the doctrine of pious obligation
originated in Hindu religious belief and was opposed to the tenets
of Christianity. It was said that the doctrine was not applicable
to Tamil Vannia Christians of Chittur Taluk. We are unable to
accept this argument.
It is not a correct proposition to state that
the doctrine of pious obligation is of religious character or is inextricably 1.·onnected with Hindu religious
belief. It is true that
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ANTHONYSWAMY v. CHINNASWAMY (Ramas1m111ii J.)
653
according to Srnriti wriiers the non-payment of a debt was a sin
the c0nsequences of which will follow the debtor into the next
world. But the doctrine as developed by the Judicial Committee in
Girdharilal's case('); Surajbansi's case(')_ and
Brij
Narain v.
Manga/ Prasad(') was different in several important respects.
B l'nder the. Sllliriti texts there was only a religious and not a legal
obligatioll'imposed upon the.sons to pay the debt bf their (athef.
A 1-0 the-0bJ;gation of the son to pay the debt arose not in the
father's lifetillle but after his death.
The text of Narnd'a says that
'lathers desire lllale offspring for their own sake reflecting •·this son
will rclleem _me from every c.lcbt due to superior and inferior bee
i~,:,··. Therefbre, a son be~ottea by him shoulc.1 relinquish his own
v01-erty and '"siduously redeem his fatber from debt lest he fall
into a region of torment. If a devout'man or one who maintained
a ~a·~cificial fire die a debtor. all the merit of his devout austerities
or of his perpetual fire shall -belong to his credito~. ( 1 Dig. Higg.
Edi,ion 202.J The text of Vishnu states·:· "IT1!e who contracted
the debt should die, or become a religious anchoret, or remain
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abroad for twenty years, that debt s)1all be discharged by hi$ son.<
,,,. grandsons but nor by remoter descendants against their will" :
1 i Dig. Higg. Edition 185). Brihaspati also states "the sons mu't
pay the· debt of their father, when proved, as if it were their own.
or with_ interest. the son's son must pay tbe debt of his grandfather
but ivithout int.ores! and his son or the great grandson shall not be
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compelled to discharge it unl\!SS he be heir and have assets.
But
th~ ~udicial Committee held in the Sivagiri case (') that the obligati)>n of ·the son was not a religious but a legal obligation and the
rule would operate not only after the father's death but even in the
father's lifetime. Und.er the old texts of Hindu law only the son
:.nd p,:randson are liable to pay the ancestor"s debt but the ohligaf
tion is personal and independent of any assets derived from_ the
joint family.
The Judicial Conunittee, however,
extended
the
llt1ci(ine ,to '!he great grandson but confined the liability to tbe
''xteut Qf coparcenary property.
From the son's duty to pay his
i'at!ie(s i\iritainted debt the Judicial Committee deduced the pro-
-no~ition th'at the father had the right to alienate his son's interest
t•> pay such a .debt and this. right was also made available-to the
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creditor of the 'father.
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It is evident therefore that the doctrine of pious obligation is
not roere]y a religious doctrine but ':las passed into the realm of
J'aw., The doctrine is a necessary at!d logical corollary to the doctrine 6f 'the righ~ of the son by birth to a share of the ancestral
property and both tbese cOne<;ptions are correlated. The liability·
imposed on the s_on to pay the debt cf his father is not a gratuitous
(I) l. A. 321.
(2) 6 [. A. 88.
IJ) 51 l. A. 129.
(4) 9 I. A. 128.
654
SUPREME COURT REPORTS
[1970] 2 S.C.R.
obligation thrust on him by Hindu law but is a salutary counterbalance to the principle that the son from the moment of his birth
acquires along with his father an interest in joint family property.
It is, therefore, not possible to accept the argument addressed on
behalf of the appellant that though the community is governed. 3s
a matter of custom by the Mitakshara School .of Hindu law the
doctrine of pious obligation was not applicable.
In Balkrishnan v.
Chittoor Bank (1) the question arose .whether among the Ezhava
community of Palghat though they follow Makatayam Law and
not Marumakatayam Law, the sons are liable for the debts of their
father not incurred for illegal or immoral purJ><J.Ses irrespective of
any question of family necessity. It was held by Varadachariar.
J., that the sons were so liable and it was observed that there was
no warrant for introducing one portion of the Hindu law in governing a certain community without taking along with it the other portions which form an integ:1! part of the whole system. In this
connection reference may be made to the following passage from
the judgment of the Judicial Committee in Abraham v.
Abraham(') :
The profession of Christianity releases the convert
from. the trammels of the Hindoo law, but it does not
of .necessity involve any change of the rights or relations
of the convert in matters with which Christianity has no
concern, such as his
rights and interests in.
and his
powers over, property. The convert though not bound
as to such matters, either by the Hindu law or by any
other positive law; may by his course of conduct after his .
conversion have shown by what law he intended to be
governed· as to these matters.
He may have done so
either by attaching himself to a class which as to these
matters had adopted and acted upon SOII\e particular
law, or by having himself observed some family usage
or custom; and nothing can surely be more just than
that the rights and interests in his property,
ar.<i his
powers over it, should be governec! by the law which he
has adopted, or the rules which he has observed."
For the reasons already given we are of opinion that the do.:trine
of pious obligation is not merely a religious doctrine but has passed
into the realm of law.
It is an integral part of the Mitabhara
School of Hindu law wherein the sons from the moment of their
birth acquire along with their father an interest in the joint fom;h.
property.
The doctrine is in consonance with justice. equity and
g!>od conscience and is not opposed to anv principle of Christianitv.
Tt follows that the High Court is right in its conclusion that th
doctrine of pious obligation is applicable to the
community of
Tamil Vanniya Christians of Chittur Taluk.
·
(I) A. I. R. 19)6 Mao. 937.
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ANTHONYSWAMY v. CHINNASWAMY (Ramaswami, J.)
655
The next question to be considered is whether the liability of
the son was excluded because at its inception the debt was tainted
by immorality.
The evidence adduced on behalf of the plaintiff
to establish the immoral character of the debt consists of the testimony of P.Ws 19 and 20.
P.W. 19 deposed that the plaintiff's
father was keeping a married woman called Thankammal, that
Thakammal was residing opposite to his house at Alambadi with
her husband, that he had seen the plaintiff's father frequenting her
hcmse, that plaintiff's father executed a promissory note in favour
of Somasundara Swamiyar, payee under Ex. F and out of the
consideration a sum of Rs.
1,000 /- was paid to Thankammal.
P.W. 20 gave .evidence to a similar effect. P.Ws. 19 and 20 are
not the attesting witnesses of the promissory notes.
They were
mentioned by the plaintiff for the first time in the supplemental
list of witnesses dated
12-11-1954.
The High Court has disbelieved the evidence of P.Ws 19 and 20 and held that the allegation of the appellant that the debt was tainted by immorality was
not established.
We see no reason to differ from the view taken
by the High Court on thjs point.
We proceed to consider the next question arising in this appeal,
that is, whether the endorsee of the promissory note is entitled to
obtain a decree against the defendants personally and for sale of
the family properties upon the original debt.
The contention of
the appellant was ihat the 4th defendant was not the payee under
Ex. F but was an endorsee of the promi,sory note and was not
hence entitled to obtain a decree against the non-executant coparceners and to proceed against the joint family properties.
In
support of this proposition reliance was placed upon a decision of
the Full Bench of the Madras High Court in Maruthamuthu
Naicker v. Kadir Badsha Rowther(') in which it was held that an
indorsee of a promissory note executed by the managing member
of a Hindu family was limited to his remedy on the promissory
note, unless the endorsement was so worded as to transfer the debt
a, well and the stan1p law was complied with and, therefore, in the
case of an ordinary endorsement, the indorsee cannot sue the
non-executant coparceners on the ground of their liability under
the Hindu law.
Where the indorsement is in blank it only operates to transfer the properly in the instrument and not as
an
nssignment of debt. It is not, however,
necessary for us to
examine this argument.
The reason is that the endorsement .in
the present case made by the 8th defendant in favour of the 9th
defendant is not a mer, endorsement but it has been so worded
"' to transfer the
debt
also.
The
indorsement reads
as
follows :
"As the principal and interest as per this promis-
- ~ory note __ i~!e~eived Ill_ cash today to (my) satisfac-
(1 J A.l.R.
1938 Mad.
377.
656
SUPREME COURT REPORTS
[1970] 2 S.C.R.
tion from Ramchandra Iyer, son of Subbararoa Iyer,
Thekkegraroanl, Chittur, the above principal and interest together with the future interest thereon is to be
paid to the above Ramchandra Iyer or to his Order.
Dated 24th Thulam 1107
Somasundara Swamiyar ...
It is apparent that the endorsement is so worded as to
convey
the transfer of the debt as well and it follows that Rarochamlra
Iyer, defendant no. 4 was entitled to
bring a suit against the
non-exccutant coparceners on the ground of their liability under
the Hindu law.
We accordingly reject the argument of
th~
appellant on this aspect of the case.
Finally counsel on behalf of the appellant contended
that
the sale in execution proceedings in O.S. 213 of 1107 ME was.
vitiated by fraud.
The Subordinate Judge tovk the view
that
defendants 4 to 7 had committed fraud 1nd the decree in execution in O.S. ~ l I of 1107 ME was void and liable to be set aside.
But the High Court has upon a review of the facts found that:
the 4th defendant and 6th defendant and P.W. 23 Srilala Iyer
had active!\· assisted the 5th defendant to get possession of the
properly as qtid;Jy as possible but there was no proof that defendants 4 to 7 either collectively or individually transgressed the
limits of law or were guilty of fraud. Upon the evidence adduced
in the case we are satistied that the finding of the High Court is
correct.
For these rea;,ons \\·e hold that this appe::J fails and must be
dismissed with costs.
V.P.S.
Appeal dismissed.
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c
D
...
E