The All India Reporter 1951 - Bombay Section with Parallel References to (1) I.L.R. (1951) Bombay (2) 53 Bombay Law Reporter (3) 52 Criminal Law Journal Citation: A.I.R. (38) 1951 Bombay

It is well known that in the matter of the father having rendered him- self personally liable as a surety for the repay- ment of a loan, it would be open to the creditor to sue the father on the surety bond, obtain a decree against him and in execution of that decree attach the joint family properties not only to the extent of the share, fright, title and interest of the father therein but also in [...] 223 –of 1938 and he was declared the auction–pur– chaser at the sale held on 19-2-1943, of the whole of the suit lands belonging to the joint family inclusive of the share, right, title and interest of the sons therein. [...] The learned Judges of the appellate Court reiterated the principles of Hindu law which we have referred to above and in regard to the observations of their Lord- ships of the Privy Council in Kesar Chand v. Uttam Chand, (72 I. A. 165 : A. I. R. (32) 1945 P. C. 91) said that the Privy Council had consi- dered the effect of the bond executed by the father and come to the conclusion that on the term [...] If it is a mortgage bond or a pledge, as and by way of security, even there the question would have to be con- sidered whether in the event of a deficit arising on the realisation of the mortgage or the pledge by the creditor there would remain over a personal liability of the father to the extent of the deficit if any. [...] There was a dispute between the pertits, namely, the sons of the mortgagor and the mortgagee, as to whether the property was the ancestral property of the mortgagor’s father, or whether it was the self-acquired property of the mortgagor’s father; but the learned first appellate Judge, who was the final Court of fact, has found that the property was the self- acquired property of the mortgagor’s fa