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Prasad & Ors vs V. Govindaswami Mudaliar & Ors on 8 December, 1981 cites

Govindaswami Mudaliar vs Rasu Mudaliar on 19 November, 1934

diate discharge of the debts, K. V. Purushotham and his brother K.V. Sriramalu on their behalf and on behalf of other minors in the family entered into an agreement on 7th July, 1955 with V. Govindaswami Mudaliar and V. Nataraja Mudaliar, sons of Vadinankuppam Venugopala Mudaliar. This agreement was evidenced by a writing, Ext. 4. Under the agreement K. V. Purushotham and K.V. Sriramulu were to sell their entire property, except one acre of land, and a house, to Mudaliar brothers for a sum of Rs. 14,000 to discharge their debts. They received a sum of Rs. 500 by way of advance and the balance of Rs. 13,500 was to be paid within two months. It was further stipulated that in case the vendees defaulted they would lose the advance money, on the other hand if the vendors defaulted they would have to pay to the vendees a liquidated damage of Rs. 2000.
Madras High Court Cites 6 - Cited by 15 - Full Document

Raja Bahadur Raja Brij Narain Rai vs Mangla Prasad Rai And Ors. on 16 April, 1920

In Brij Narain v. Mangla Prasad and Ors.(3) the Judicial Committee, upon a consideration of the authorities, laid down the following propositions: "( I ) The managing member of a joint undivided estate cannot alienate or burden the estate qua manager except for purchases of necessity; but (2) if he is the father, and other members are his sons, he may by incurring debt, so long as it is not for an immoral purpose, lay the estate open to be taken in execution proceedings 137 upon a decree for payment of that debt. (3) If he purports to burden the estate by a mortgage, then unless that mortgage is to discharge an antecedent debt, it would not bind the estate. (4) Antecedent debt means antecedent in fact as well as in time, that is to say, that the debt must be truly independent and not part of the transaction impeached. (S) There is rule that this result is affected by the question whether the father, who contracted the debt or burdens the estate, is alive or dead."
Allahabad High Court Cites 4 - Cited by 71 - Full Document
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