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Amar Chandra Kundu vs Sebak Chand Chowdhury on 23 March, 1907

7. The decree under execution excludes the persons and other property of the appellant? from liability but makes the assets of the mortgagor amenable to the realization of the amount decreed. The property in question is not their self-acquired property but has come to them by survivorship. The Full Bench case, reported in Amar Chandra Kundu v. Sebak Chand Chowdhury 34 C. 642 : 11 C.W.N. 593 : C.L.J. 491 : 2 M.L.T. 207 (F.B.), makes such property liable for the decretal-debt of the father unless tainted with immorality. No question of immorality apises in this case and the property, therefore, must be sold if the debt is not satisfied. The appeal, therefore fails and I agree in dismissing the appeal, with costs, 3 gold mohurs.
Calcutta High Court Cites 6 - Cited by 15 - Full Document
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