( 1 ) THE defendant is the appellant. The trial Court dismissed the suit. On appeal, the appellate Court allowed the appeal and decreed the suit. Thus this second Appeal.

( 2 ) THE respondent laid the suit on November, 13, 1978 for a specified sum of money contending that he entrusted a gold jewel weighing five tolas to the appellant to secure money and he promised to return the same within two months thereafter. In spite of several demands, it was not returned. He also got issued a notice. Ex. A-l on June, 25, 1978 for which the appellant issued a relpy Ex. A-2, dated July, 2, 1978 refusing to return the jewel entrusted to him. The trial Court held that the entrustment was made in 1975 and it was to be returned within two months the reafier and since the suit was not filed within three years thereafter, the suit is barred by limitation. On appeal the appeallate Court did not agree with the trial Court and held that the appropriate article of Limitation Act that would apply is Article 91 (b) and applying that Article, the suit has been decreed.

( 3 ) SRI V. Jagannadha Rao, learned counsel for the appellant contends that the lower Appellate Court is clearly in error