OOLAGAPPA CHETTY Vs. HON. D. ARBUTHNOT

JUDGEMENT

(1.) THIS is a suit to enforce the payment of a debt due by the late possessor of the polliem of Gundamanaikanoor by the guardians of his minor son, and the Lower Court has found that the debt was incurred for money lent to pay off arrears of peshcush, for which the polliem was about to be attached, and for reproductive work done upon the land, and has decreed the liability of the Defendants to pay the sum claimed from the revenues of the polliem, as well as from the private property of the late poligar, inherited by the minor.

(2.) THE ground of appeal relied upon by the Defendants is, that so much of the decree as adjudges payment of the debt out of the revenues of the polliem is wrong, the polliem not being an estate of inheritance, but an estate which had been held by the minor's father and the possessors of it who preceded him, for life only, under grants made to them severally by the Government. Thih objection, I am of opinion, must prevail.

(3.) SO far the learned Counsel for the Respondent hardly contested seriously the non-liability of the Defendants (the Appellants). His main argument was, that by the Plaintiff's loan the polliem had been saved from confiscation, and the grant of it secured to the minor, and that afforded an equitable ground for making the liability in the present case an exception to the general rule.