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ISSUES PRESENTED and CONSIDERED
The core legal questions considered in this judgment are: (i) Whether the decree for the recovery of Rs. 6500/- was wrongly passed personally against appellants Nos. 1 to 3, who were the legal representatives of the deceased Govinda. (ii) Whether the decree for recovery of Rs. 6500/- was wrongly passed against appellant No. 4, Jhabar, given that there was no such prayer in the plaint. ISSUE-WISE DETAILED ANALYSIS Issue (i): Liability of Legal Representatives - Relevant legal framework and precedents: The issue hinges on the liability of legal representatives under the Code of Civil Procedure and the principles governing inheritance of liabilities. - Court's interpretation and reasoning: The Court noted that the appellants Nos. 1 to 3 did not plead in the trial court that they had not inherited any property from the deceased Govinda. This plea cannot be raised for the first time in a second appeal. However, the appellants can raise this issue during execution proceedings. - Key evidence and findings: The Court relied on the absence of any pleadings in the trial court regarding the non-inheritance of property by appellants Nos. 1 to 3. - Application of law to facts: The Court applied the principle that issues not raised at the trial stage cannot be introduced at the appellate level unless they are purely legal issues. - Treatment of competing arguments: The Court acknowledged the appellants' argument but emphasized procedural rules that prevent the introduction of new factual claims at the appellate stage. - Conclusions: The Court concluded that appellants Nos. 1 to 3 are liable for the decretal amount to the extent of any property inherited from the deceased Govinda. Issue (ii): Liability of Appellant No. 4, Jhabar - Relevant legal framework and precedents: The issue involves the interpretation of the Transfer of Property Act, specifically Section 55(6)(b), concerning charges on property for purchase money paid. - Court's interpretation and reasoning: The Court reasoned that the buyer had a charge on the property for the purchase money paid, as per Section 55(6)(b) of the Transfer of Property Act. The execution of the gift deed by Govinda was contrary to the terms of the sale agreement. - Key evidence and findings: The Court highlighted the terms of the agreement, which prohibited the seller from executing any deed contrary to the sale agreement. - Application of law to facts: The Court applied Section 55(6)(b) to establish that the buyer's rights were protected by a charge on the property, even though no specific prayer was made against Jhabar in the plaint. - Treatment of competing arguments: The Court dismissed the argument that no charge should be created on the property due to the lack of a specific prayer, citing the automatic application of the Transfer of Property Act. - Conclusions: The Court concluded that Jhabar was rightly made liable for the payment of the decretal amount, and the buyer's charge on the property was upheld. SIGNIFICANT HOLDINGS - Preserve verbatim quotes of crucial legal reasoning: "In view of the provisions of Section 55(6)(b) of the Transfer of Property Act, there is no question of creating any special charge on the property as the provisions of the Transfer of Property Act will automatically apply in this case and the law will take its own course." - Core principles established: The judgment reinforces the principle that issues not raised in the trial court cannot be introduced at the appellate level unless they are purely legal. It also affirms the automatic application of statutory provisions concerning charges on property for purchase money paid. - Final determinations on each issue: The appeal was dismissed with costs, affirming the liability of both the legal representatives of Govinda and Jhabar for the decretal amount, based on the statutory charge on the property and procedural rules regarding the introduction of new issues.
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