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1963 Supreme(AP) 214

JAGMOHAN REDDY, VENKATESAM
Bhadurmal – Appellant
Versus
Bizaatunnisa Begum – Respondent


Judgement Key Points

Key Points: - The four debts were held time-barred due to lack of evidence that payments were verified and signed by the debtor or her agent, as required under Section 20 proviso of the Limitation Act (!) . - The Rs. 18,000 debt was not time-barred because the last payment on 14/09/1950 falls within the limitation period, and the Board’s handling of evidence and debtor examination impacts this finding (!) . - The Board erred in not allowing the creditor to prove certain letters acknowledging the debt and in not examining the debtor; the matter is remanded to apply Sections 28 and 35, determine if the debt is barred by limitation, and consider scaling down after assessing paying capacity (!) (!) . - The cross-objections and the scope of Civil Procedure Code provisions under Section 51 are addressed, allowing admissibility of objections under Order 41, Rule 22 in this appellate context (!) . - The matter is remanded to the Board for further consideration, including whether to apply Section 28, Section 35, and to determine paying capacity and potential scaling down, with costs to abide by the result (!) .

How to determine which debts are time-barred under the Jagirdar Debt Settlement Act in light of Section 20 proviso and evidence of payment verification?

How to apply Sections 28 and 35 of the Jagirdar Debt Settlement Act to compute debt, assess paying capacity, and consider scaling down after remand?

What are the proper procedures for admissibility of documents and examination of the debtor on remand, including acknowledgment and payment evidence?


( 1 ) THIS appeal raises an interesting question of limitation. The appellant is a creditor, while the respondent is a jagirdar-debtor. It is the case of the appellant that the respondent has been borrowing moneys from him on bonds and promissory notes. She borrowed a sum of Rs. 18,000. 00 on the 12th Meher 1356 F. at 9% per annum, repayment being on monthly instalments of Rs. 300. 00 with a condition that default of any instalment would entitle the creditor to recover the balance of the amount. Apart from this debt, there are four others Rs. 3,200. 00 borrowed on a document dated the 4th Thir, 1357 F. at 12% per annum; Rs. 500. 00 under a document dated 10th Meher 1357 F. at 12% per annum; Rs. 600. 00by a document dated the 15th Bahman 1358 F. and Rs. 8,000. 00 under a document of 10th Ardibehist, 1353 F. at 6% per annum. Except for the first debt of Rs. 18,000. 00 obtained under a band dated the 12th Meher, 1355 F. , all the other debts have been held by the Board to be time-barred. In respect of the first debt, it has been held that Rs. 9,000. 00 were paid and the balance of the amount together with interest is due. The appellant complained that the Jagirdar Debt Settlement Boar







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