Muttayan Chetti vs Sangili Vira Pandia Chinnatambiar, ... on 10 May, 1882
1 it was laid down by the Privy Council that the estate which a son takes by heritage from his father constitutes assets by descent for the payment of his father's debts not incurred for any immoral purposes, that such an estate may be attached and sold in execution of a decree upon such a debt and the fact that it is an impartible estate does not alter the case Muttayan Chettiar v. Sangili Vira Pandia Chinnatambiar L.R. 9 I.A. 128 : (S.C.) I.L.R. 6 Mad. 1. This decision was passed in M ay 1882, and the sale in the present case took place only in January 1883. There is no doubt but that the sale certificate (exhibit I) clearly states that the whole Poliem was sold. It was the whole Poliem which was mortgaged (exhibit VI) and exhibits Y and Z show that it was the full proprietary right in the Poliem which the judgment-creditor claimed to sell and which apparently the Court attached and intended to sell. No doubt in the sale proclamation (exhibit CC) it is stated that "the privileges, the rights and the interests which the said defendant alone possesses in respect of the property will be sold." This is the English translation of the vernacular version of the clause in the Civil Procedure Code of 1859 which required that "only the 1 right, title and interest of the judgment-debtor should be said." In the transitions the word 'only' has been transferred so as to qualify the word defendant, instead of qualifying the phrase "right, title and interest." "No doubt at the time of the sale (1877) the Code of 1877 had just come into force, and in it the clause requiring the Court to sell" only the right, title and interest "of the judgment-debtor" was omitted, but the old practice of inserting these words as a common form continued in many Courts for sometime after 1877 and it has been frequently held that this phrase does not necessarily imply that the interest sold is less than full proprietary interest. In the present case we agree with the Court below in thinking that it was the full proprietary interest which was intended to be sold and which was sold.