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Paleru Papaiah (Died) and ors. Vs. Chebrolu Ramapunniah and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1942Mad12; (1941)2MLJ566
AppellantPaleru Papaiah (Died) and ors.
RespondentChebrolu Ramapunniah and anr.
Excerpt:
- wadsworth, j.1. it seems to me quite clear that when, by the tripartite arrangement known as 'havala', a debt due by a to b is cancelled and for it is substituted a debt due by a to c, there being also a discharge of b's separate obligation to c, this cannot enable a to claim under section 8 of act iv of 1938, that his debt to c is a renewal of the debt to b. c is not the same creditor as b nor is he an assign of b in respect of a's original debt. the revision petitions are dismissed with costs--one set in c.r.p. no. 439 of 1939.
Judgment:

Wadsworth, J.

1. It seems to me quite clear that when, by the tripartite arrangement known as 'havala', a debt due by A to B is cancelled and for it is substituted a debt due by A to C, there being also a discharge of B's separate obligation to C, this cannot enable A to claim under Section 8 of Act IV of 1938, that his debt to C is a renewal of the debt to B. C is not the same creditor as B nor is he an assign of B in respect of A's original debt. The revision petitions are dismissed with costs--one set in C.R.P. No. 439 of 1939.


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