High CourtsDivision Bench

Kalpu Rai and Another vs Rameshra and Others

Allahabad High Court · Decided on 3 January 1924 · Citation: (1924) ILR (All) 264

HON’BLE JUDGES
Piggott, J · Grimwood Mears, J
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Judgment

1 paragraphs · 139 words

Grimwood Mears, Kt., C.J. and Pigggtt, J.—After hearing arguments in the case and considering the recently pronounced decision of their Lordships of the Privy Council, in the case of Brif Narain v. Mangal Prasad ILR 1923 All. 95, we are of opinion that this case was rightly decided by the learned Judge of this Court. There is nothing in the principles laid down by their Lordships of the Privy Council in the case above quoted to warrant the view that an uncle acting'' as manager of a joint family is entitled to sell the share of his nephew in the joint family property in order to discharge a debt incurred by his own father, even though the said father be also the grandfather of the nephew whose property is alienated. On this ground we dismiss this appeal with costs.