INDIAN LEAF TOBACCO DEVELOPMENT LIMITED Vs. K KOTAYYA
LAWS(APH)-1954-11-22
HIGH COURT OF ANDHRA PRADESH
Decided on November 18,1954

INDIAN LEAF TOBACCO DEVELOPMENT LTD. Appellant
VERSUS
K.KOTAYYA Respondents

JUDGEMENT

- (1.) This Civil Revision Petgition raises an interesting question of law, as to whether a widow is boiund to obtain a succession certificate under the terms of S. Succession Act in respect of monies due to her husband and in which she has a right under S.3, cl. (
(2.) Hindu Womens Right to Property Act (Act 18 of 1937. The suit was filed by the three respondents against the petitioner company in respect of tobacco supplied by the father of respondents 1 and 2 and the husband of the 3rd respondent. Late Sreeramulu, the father of plaintiffs 1 and 2 and the husband of the 3rd plaintiff, died as a member of an undivided family consisting of himself and his two sons, plaintiffs 1 and 2, and the tobacco supplied by him to the petitioner company was admittedly joint family property. The 3rd plaintiff, the widow is entilted to an interest in this amount which is joint family property only by reason of the terms of s. 3
(3.) of Act 18 of 1937.(2) The short question tht arises for consideration in the Civil Revision Petition is, whether the terms of S. 214, India Succession Act apply to this case.(3) Section 214 cl. (i) (a) is in the following terms: "No Court shall pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to be entitled to the effects of the deceased person or to any part thereof".;


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