Decree obtained againstfather alone - Decree can be executed against son's share under pious obligation rule provided decree debt in its inception was not illegal or immoral.

Citation

AIR 1947 MADRAS 213

MADRAS HIGH COURT

(Principal Seat at MADRAS)

PATANJALI SASTRI , J. and BELL , J.

Appeals Nos.240 of 1944 and 358 of 1945, from decrees of Sub-Judge, Madura, in O.S. Nos.89 of

1942 and 33 of 1944. D/- 23 - 8 - 1946

K. Swaminatha Iyer and Anr. Appellants v. K.G. Krishnaswami Iyer and Ors. Respondents.

(A)Hindu Law - Joint family - Debts - Father - Pious obligation of sons - Decree obtained against

father alone on basis of pronote and not on basis of debt - Decree can be executed against

son's share under pious obligation rule provided decree debt in its inception was not illegal or

immoral. Negotiable Instruments Act (26 of 1881), S.118, S.26, S.27, S.28