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1956 Supreme(AP) 28

JAGMOHAN REDDY, UMAMAHESWARAM
CHITTOOR VISWESWARA RAO – Appellant
Versus
AKELLA SATYANARAYNA – Respondent


( 1 ) THIS is an application to revise the judgment and decree of the Subordinate judge of Vijayawada dismissing S. C. No. 625 of 1952 for recovery of money due to the plaintiff on khata in respect of articles purchased by the. respondent on credit. The khata dealings started from 26-9-1945. At the end of each year, the balance due under the khata was being carried over to the next year s account. The amount carried over to the account of 1948-49 was Rs. 455-14-0 and this amount had again been carried over to the next year s account i. e. 1949-50. On 26-10 49, a sum of Rs. 5/- was paid by the defendant and a receipt was passed by the plaintiff therefor. The suit was instituted on 27th october 1952. The plea of the defendant was that the payment of Rs. 5/- was not true and that the debt had become barred by limitation. He also contended that the plaintiff had to pay him a sum of Rs. 450/-as commission and that he agreed to credit that amount to the khata dealings. The Subordinate judge held that the payment of Rs. 5/- was true and was made towards the khatha dealings and that the defendant was not an agent of the plaintiffs and was not entitled to set off any commission. But, on poi






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