High CourtsDivision Bench(1941) 02 MAD CK 0012

Paleru Papaiah (died) and Others vs Chebrolu Ramapunniah and Another

Madras High Court · Decided on 12 February 1941 · Citation: AIR 1942 Mad 12 : (1941) 54 LW 471 : (1941) 2 MLJ 566

HON’BLE JUDGES
Wadsworth, J

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Judgment

4 paragraphs · 109 words

Wadsworth, J.—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 u/s 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.