MUTHUSAMIA PILLAI Vs. RSASANKARA AIYAR

JUDGEMENT

(1.) THE account starting in 1933 has a series of settlements, each giving rise to a fresh principal. THE lower Court has given a decree on the basis of the last settlement with interest thereafter at 5 per cent. on the amount so settled under Section 9 of Act IV of 1938. This is correct. Unless a debt falling under Section 9 relates back to a debt incurred before 1 October, 1932, so as to invoke the provisions of Section 8, there is nothing in Section 9 to justify the re-opening of settlements or the re appropriation of payments on the basis of a hypothetical original principal. THE petition is dismissed with costs.