Sheo Ram Pande And Ors. vs Sheo Ratan Pande And Anr. on 15 April, 1921
See Bhala Nahana v. Parbhu Hari 2 B. 67 at p. 73 : 2 Ind. Jur. 109 : 1 Ind. Dec. (N.S.) 472. The passage runs thus: "The debts contrasted by the husband shall be discharged by the widow, if sonless, or if her husband has enjoined her to do sO on his death-bed, or if she inherits the estate; for whosoever takes the estate must pay the debts with which it is incumbered." Those cases are no authority for the proposition put forward before us by the learned Counsel for the appellant. In the present case the estate was not inaumbered with the debt of the husband. It was only the pious duty of the son to pay the debts of his father. The property was in no way incumbered. So that even relying on this text of Narada the appellant must fail. The appeal fails on other grounds also. We think the view taken by the Court below was right. We accordingly dismiss this appeal with costs including in this Court fees on the higher scale.