Supreme Court · 1973 INSC 131 · Decided 3 August 1973
Shamsher Singh v. Rajinder Prashad & ORS.
- Court
- Supreme Court of India
- Citation
- 1973 INSC 131 · [1974] 1 S.C.R. 322
- Case number
- CIVIL APPEAL No. 1304/1967
- Decided
- 3 August 1973
- Bench
- D.G. PALEKAR, A. ALAGIRISWAMI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100, 115
Headnote
llindu Law-Joitu Hindu fa111ily-Wliethcr sons are liable for the dtbts of 1he father incurred l¥ithout consideraJlon and family necessity-Court Fees A.ct .I'. 7(fr)(7)-/ls &eopr. · 'rherc was a mortgage of a prope-rty in favour of the appellant for a sun1 .of Rs. 15,000/-. The the mortgaged property, J·cspondents 1 and 2 filed a suit for a declaration that tho mortgage executed by their father was null and void as against them. a& the property was a joint ·Hindu family property and the mortgage had been c.ffcctcd without considera· tion and
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