[1] The suit has been treated as based on the promissory note executed by the deceased Karnavan of the defendant s tarwad, and not on the original cause of action. The decision in Krishna Aiyar v. Krishnaswami Aiyar (1900) I.L.R. 23 M. 597 therefore does not apply and there is no ground for making the tarwad property in the hands of the defendant liable in the present suit.
[2] The petition is dismissed with costs.
P Govindan Nair v. Knana Menon
(High Court Of Judicature At Madras)
No | 22-09-1914
Advocate List
Bench
- JUSTICE
Eq Citations
- (1914) 27 MLJ 595
- 1914 MWN 782
- 26 IND. CAS. 750
- AIR 1915 MAD 618
- LQ/MadHC/1914/376
Head Note
Family and Personal Laws — Joint Family Property — Liability of joint family property — Suit based on promissory note executed by deceased Karnavan of defendant's tarwad and not on original cause of action — Decision in Krishna Aiyar v Krishnaswami Aiyar, 1900 ILR 23 M 597, held, not applicable — Hindu Joint Family Property
