N GOVINDA CHETTY Vs. NDORAISWAMI CHETTY

JUDGEMENT

(1.) We are unable to agree with the learned Judge that it must be assumed that if the 1st defendant "had collected any rents, they were taken into account in the proceeding upon which" the decree was passed.

(2.) If any such sums had been so taken into account, it lay upon the 1st defendant to prove that fact as a defence to the plaintiff s claim.

(3.) The plaintiff s claim for rents of the house purchased by him from April 1910 was not a matter (so far as we could see) which could have been or was intended to be gone into in the suit for partition.