firm whose partners were arunachalam chetty his two sisters and subramaniam chetty was carrying on the business of money lending.
sardar bahadur for the respondent.
against this order the appellant took an appeal to the high companyrt on july 4 1952 and also made a separate application in the high companyrt for scaling down the decretal debt under s. 19 2 of the act.
they denied the adoption of the respondent to arunachalam chetty and also pleaded the bar of limitation.
34958 11 6 and the defendants number appellant and his brother a sum of rs.
in 1944 the plaintiff number respondent as the adopted son of arunacbalam chetty filed a suit for recovery of the amount which the award had directed the defendants to pay.
xxiii of 1948 hereinafter called the amending act.
on april 19 1919 the accounts showed a balance of rs.
in 1930 palaniappa chetty died and his sons joined the business in his place.
the defendants were the two sons of palaniappa chetty.
leave was granted but stay was refused as numbersecurity was furnished under the rules the high court later revoked the certificate granting leave.
it remitted the case to the trial companyrt for determining certain issues and after the findings were received the suit was decreed on march 9 1951 for a sum of rs.
25000 and carried on the business under the name and style of p.l.
the facts which have led to this appeal are that a partnership firm briefly described as m.a.r.
subramaniam chetty died in 1924 and the business was carried on after his death by his widow lakshmi achi and her daughter and palaniappa chetty.
s. firm of which the partners were subramaniam chetty vellachi achi and his two daughters and in 1919 palaniappa chetty father of the appellant joined the partnership.
appeal by special leave from the judgment and order dated the 25th march 1953 of the madras high companyrt in civil misc.
26839 15 9.
the appellant then applied for leave to appeal under art.
20975 3 and corresponding entries were made in the account books of l.s.
the high companyrt dismissed the application on march 25 1953.
during the pendency of the appeal in the high companyrt the act of 1938 was amended by the amending act by which new reliefs were given to agriculturist debtors.
the trial companyrt held the adoption to be invalid and upheld the plea of limitation.
the judgment of the companyrt was delivered by k. das j. in this appeal pursuant to special leave against the judgment and order of the high companyrt of madras the question for decision is whether the appellant who claims to be an agriculturist debtor is entitled to apply for scaling down of his decretal debt under the provisions of the madras agriculturists relief act mad.
civil appellate jurisdiction civil appeal number 117 of 1955.
55933 15.
on october 5 1951 the appellant made an application to the trial companyrt for scaling down the decretal debt under s. 19 2 of the act which was added by the amending act.
petition number 6577 of 1952.
disputes arose between the partners in 1935 which were referred to arbitration and under an award given on july 31 1935 arunachalam chetty and his sister were directed to pay to the estate of m.a.r.
the amount of rs.
ganapathy iyer for the appellant.
on the death of arunachalam chetty on july 6 1916 subramaniam chetty one of the surviving partners took over the assets of the dissolved partnership firm at a valuation of rs.
the appellant applied to the high companyrt for leave to appeal to this companyrt and also applied for stay.
the plaintiff took an appeal to the high companyrt which held the adoption to be valid and also held the suit to be within limitation.
october 31.
16369 12 as being due to the share of the deceased arunachalam chetty which by the year 1935 swelled up to a figure of rs.
iv of 1938 hereinafter called the act as amended by the madras agriculturists relief amendment act mad.
25000 was credited in the accounts of the new partnership.
