Research › Browse › Judgment

Allahabad High Court · body

1904 DIGILAW 54 (ALL)

Kallu v. Fateh

1904-04-13

BANERJI, BLAIR

body1904
JUDGMENT : Banerji, J. This appeal arises in a suit brought by the respondents for sale on a mortgage executed in their favour by one Dhani Ram, who has died since the debt of the mortgage, and whose sons are defendants to the suit and appellants before us. It has been found that the debt was not tainted with immorality. 2. It therefore being the pious duty of the sons to pay their fathers debt, which in this instance was a mortgage debt, the mortgage was already enforcible against the sons. This view is supported by the ruling in Debi Dat v. Jadu Rai, [1902] I.L.R., 24 All, 459. We think the Court below was right, and dismiss the appeal with costs.