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Jagdish Prasad And Ors. vs Hoshyar Singh And Anr. on 6 July, 1928

7. The facts in that case were that a decree had been obtained on the basis of two mortgages against a father who with his sons constituted a Joint Family, and when the property was about to be sold the sons instituted a suit for a declaration that the property was not liable to be sold in execution of the decree on the ground that there was no legal necessity for the debts and that they were contracted for immoral purposes. Apparently no question of existence of any antecedent debt arose, and both the trial Court and the Court of first appeal dismissed the suit on the ground that the plaintiffs could not succeed unless they proved that the debts were tainted with immorality, which was not established.
Allahabad High Court Cites 4 - Cited by 13 - Full Document

Abdul Hameed Sait And Anr. vs The Provident Investment Co. Ltd. And ... on 22 February, 1954

This view seems now to be generally accepted and was accepted as correct in the decision of the Full Bench in Abdul Hameed Sait v. Provident Investment Co., Ltd., AIR 1954 Mad 961 on which reliance is mainly placed on behalf of the plaintiff in the present case because of the fact that it was also held that the operation of the second proposition should be confined only to a case where joint family property was sold in execution of a decree, whether it was a mortgage decree or a simple decree,
Madras High Court Cites 18 - Cited by 9 - Full Document
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