RAMASWAMI AYYAR Vs. DORAISWAMY AYYAR

JUDGEMENT

(1.) When these cases came before me at the e April, last, I adjourned them to see if a settlement could not be effected as it is a case of a father suing a son.

(2.) These two persons entered into a partition deed, Ex. A, in 1922 and very ill-advisedly, as it seems to me, four debts due on bonds executed to creditors by the father alone, Exs. B, C, D and E were allocated to the son i.e., he was bound to pay them. The debts had been undertaken for family expenses in connection with the funeral of the wife of the plaintiff and the mother of the defendant. In 1924 the father renewed the debts by keeping them alive and in 1926 he discharged them. The suit is now for recovery of this money that he paid for the discharge of these debts from his son. The Subordinate Judge has found in favour of the plaintiff and gave him a personal decree against his son with interest as damages at 12 per cent, per annum.

(3.) It is first contended before me that there is no personal liability to re-pay. As to that I am unable to agree and I think the learned Subordinate Judge is correct in the way in which he has interpreted the partition deed, which contains the clause: "Bach should discharge the debts, if each fail to discharge the debts allotted to his share and thereby cause loss to the other, it should be collected from the property allotted in partition to the person who has not discharged the debt."