Niyam v2 is live — start for just ₹100 — 200 credits to try

september 1958

Supreme Court of India · 1958-09-24

S. M. JAKATI & ANOTHER vs S. M. BORKAR & OTHERS

Citation / case number
SC 1954/90252
Court
Supreme Court of India
Petitioner
S. M. JAKATI & ANOTHER
Respondent
S. M. BORKAR & OTHERS
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that the liability incurred by J was not avyavaharika, thus validating the sale of joint family property to discharge the debt. The court established that the pious obligation of sons to discharge their father's debts persists even after partition, and the father's power to alienate property ceases only upon partition. The court clarified that the auction sale included the shares of the sons, as the sale was based on the entire property rather than just the father's share, affirming the interpretation of 'right, title and interest' under Section 155 of the Bombay Land Revenue Code, 1879.

S. M. JAKATI & ANOTHER vs S. M. BORKAR & OTHERS · Niyam