Nathu And Anr. vs Musammat Tulsha

JUDGMENT

1. We think the view taken by the Court below was correct on the findings of fact arrived at by it. Assuming that there was a debt due by Gillay which it was the legal and pious duty of the widow to discharge, that debt was discharged by Kunji taking over the liability and agreeing to pay it oft by instalments. It than ceased to be a debt either of Gillay or his widow. The mere fact that Kunji did not perform his obligations would not revive the debt so as to make it a good consideration for the alienation of the property. We dismiss the appeal with costs.