Ramesam, J.

1. Suit by the plaintiff to recover (1) a sum of Rs. 2,500 deposited with 1st defendant on 6th July 1917 and (2) a sum of Rs. 350 payable to plaintiff for money paid for 1st defendant. The defendants 2 to 5 are the sons of 1st defendant who formed with him, members of a joint family up to 1918. In that year a suit was filed by the present 2nd defendant against his father and brothers for partition. No written statement was filed and the suit was compromised and a decree was passed in terms of the compromise on 23-1-1920. Under the compromise, provision was made for paying off most of the debts contracted by the 1st defendant but not the suit debt. No specific properties were allotted to the 1st defendant and it was arranged that a maintenance of Rs. 30 should be paid to him every month. The present suit was filed on 6-7-1920 and the defendants 2 to 5 are sought to be made liable with reference to the shares in their hands of what had been prior to 1920, joint family properly. The defendants denied the genuineness of the debts. The District Judge found that the debts were true. He had doubts about the bona fides of the partition, but on the ground that under the c