This appeal is filed by the plaintiff in a suit for realization of a sum of Rs.47,550.39 with future interest and cost. Plaintiff and defendant were the partners of a firm “Lions Knitting Industries”. The firm had availed a loan from Canara Bank and the Bank filed O.S.185/1978 on the file of the Sub Court, Kochi and obtained a decree on 22.11.1980 against the firm. It is stated that the plaintiff had mortgaged his property to the Bank and in execution of the decree the property was brought to sale and the plaintiff paid an amount of Rs.71,154.40 on 14.2.1985. There were earlier two payments of Rs.1000/- each and altogether the plaintiff paid Rs.73,154.50. According to the plaintiff, the plaintiff is entitled to recover half of the amount paid by him from the defendant who was the other partner of the firm. Though the plaintiff demanded the amount as per lawyer notice dated 24.5.1986, the defendant did not reply to the notice nor paid the amount. Hence the suit was filed for the relief as stated above.

2. The defendant filed a written statement contending that the mutual obligations between the partners ceased on 4.12.1982 and alleged payments if at all true was voluntary