MANUEL COLACO Vs. ANTONIO COLACO

JUDGEMENT

(1.) HEARD Shri S. Usgoankar, learned Counsel appearing for the appellant and Shri F. E. Noronha, learned Counsel appearing for the respondent.

(2.) The above appeal challenges the judgment and the respondent came to be partly decreed and the appellant was directed to pay Rs.1,75,472.16 together with interest thereon at the rate of 12% per annum from 02.05.1992 till the date of actual payment.

(3.) THE appellant filed his written statement and disputed that the deceased has left two houses. The fact that the deceased was residing in the rented house was not disputed by the appellant. So also the receipt of the said amount along with interest was not disputed but it was alleged that the share of the respondent could not be paid as his liabilities towards the estate of the deceased parents are more than his share in the said amount. The fact that remaining heirs had been paid with regard to their shares has also been admitted at para 26 of the written statement. It was further alleged that the appellant had incurred expenses to clear off the liabilities towards the estate of the deceased parents and paid loans and litigation expenses which are to be recovered from the said amount. The appellant also prayed for set off against the amount payable to the appellant by the respondent directing the amount be paid to the appellant after deducting the amount etc., which is valued at Rs.2,26,100/ -.