1930 (5) TMI 17 - HC - Indian Laws

Summary

Issues Involved:
1. Whether the decree in C.S. No. 81 of 1921 and the subsequent execution sale are binding on the plaintiff.
2. Whether the claim for interest in C.S. No. 81 of 1921 was rightly allowed.
3. Whether the 1st defendant acted bona fide in instituting C.S. No. 81 of 1921 against the widow.
4. Whether the decree obtained against the widow is binding on the true legal representative.
5. The applicability of Section 52 of the Transfer of Property Act.
6. The adequacy of the sale price of the properties sold in execution.

Issue-wise Detailed Analysis:

1. Binding Nature of Decree and Execution Sale:
The plaintiff contended that the decree in C.S. No. 81 of 1921 and the execution sale were not binding on him as he was the true legal representative of the deceased Parthasarathi Mudali. The court found that the widow, Sengalani Ammal, sufficiently represented the estate of the deceased in the suit, and there was no fraud or collusion in obtaining the decree. The decree and execution proceedings were thus binding on the plaintiff.

2. Claim for Interest:
The Subordinate Judge found that the interest claimed in C.S. No. 81 of 1921 was justified based on evidence, including testimonies and documents (Exs. I, IV, and V). The court agreed with this finding, noting that the liability to pay interest always existed, even though it was not enforced until 1919. Thus, the claim for interest was upheld.

3. Bona Fide Institution of Suit:
The 1st defendant was found to have acted bona fide in instituting the suit against the widow. The court noted that the 1st defendant had sufficient justification to believe that the widow was the legal representative, as she was in possession of some of the deceased's properties and had made part payments towards the debt. The court rejected the argument that the 1st defendant's failure to make more detailed inquiries indicated a lack of bona fides.

4. Binding Nature of Decree on True Legal Representative:
The court examined various precedents and concluded that a decree obtained against a wrong heir, if done bona fide and without fraud or collusion, would be binding on the true legal representative. The widow was found to have a prima facie title to represent the estate, and her interests in defending the suit were identical to those of the plaintiff. Thus, the decree was binding on the plaintiff.

5. Applicability of Section 52 of the Transfer of Property Act:
The plaintiff argued that the attachment and sale of properties during the pendency of O.S. No. 65 of 1921 should not be given effect due to Section 52 of the Transfer of Property Act. The court found this argument untenable, as the widow sufficiently represented the estate in C.S. No. 81 of 1921, and the decision in that suit could not affect the plaintiff's rights as the legal heir.

6. Adequacy of Sale Price:
The Subordinate Judge found that the properties were not sold for an inadequate price. The court agreed with this finding, noting that the value realized at the time of sale was adequate.

Conclusion:
Both appeals were allowed, and the plaintiff's suit was dismissed with costs. The court found that the widow sufficiently represented the estate in C.S. No. 81 of 1921, and the decree and execution sale were binding on the plaintiff. The plaintiff's next friend, his father, was also held liable for costs due to the vexatious nature of the suit.