JUDGMENT

D.N. Mitter, J. - Three questions emerge for determination in these two appeals which arise out of a suit for partition of the estate of Rakhal Kristo Chattopadhaya, an inhabitant of Howrah, and the father of the plaintiff and two defendants to the suit. One is a question of fact, and the other two are questions of law. The question of fact arises out of Issue No. 6 which runs as follows:

Did the defendant No. 2 advance any money to his father Babu Rakhal Krishna Chattopadhaya for the, acquisition and subsequent construction and repair of the Benares house. If yes, what amount.?

2. The questions of law may be formulated thus:

(1) Is the debt due by defendant No. 2 from the father barred by the statute of limitations ?

(2) Whether defendant No. 2 is to get 2/3rd of the money advanced by him to his father although such debt has become barred by the statute of limitation.

3. On the question of fact the Subordinate Judge, has come to the conclusion that the amount advanced to the father was Rs. 10,900 and that the plaintiff and defendant No. 1 are liable to pay to defendant No. 2 in equal halves. The Subordinate Judge has reached the conclusion that the liability of the plaintiff an