Dalavoy Tirumalaiyappa Mudeliar Vs. Veerabudra and ors. - Court Judgment
|Judge||Ralph Benson, Offg., C.J. and ;Krishnaswami Aiyar, J.|
|Appellant||Dalavoy Tirumalaiyappa Mudeliar|
|Respondent||Veerabudra and ors.|
|Cases Referred|| and Gurunathan Chetty v. Raghavalu Chetty|
hindu law - debts--liability of son for debts contracted by father as agent--subsequent misappropriation of the amount collected by the father--whether alters the son's liability--illegal and unmoral debt. - .....already incurred. the decisions in kanemar venkappayya v. krishnacharya 2 m.l.t. 529 and gurunathan chetty v. raghavalu chetty 31 m.k 472 apply. as regards the respondent's plea of limitation, it was not contended in either of the courts below that there was a demand and refusal and time ran from the date of refusal. we disallow the plea. we reverse the decree of the subordinate judge and restore that of the district munsif with costs throughout as regards defendants nos. 2 to 8.
1. The agent was liable to pay the balance after deducting certain items of expenditure to the principal. There was a debt due by him. The son's liability arose at the same time. The fact that the father misappropriated the sum, even if the respondents' allegations be true, or that he made himself criminally answerable, does not absolve the son from the liability already incurred. The decisions in Kanemar Venkappayya v. Krishnacharya 2 M.L.T. 529 and Gurunathan Chetty v. Raghavalu Chetty 31 M.K 472 apply. As regards the respondent's plea of limitation, it was not contended in either of the Courts below that there was a demand and refusal and time ran from the date of refusal. We disallow the plea. We reverse the decree of the Subordinate Judge and restore that of the District Munsif with costs throughout as regards defendants Nos. 2 to 8.