S.MARIMUTHU
Hubert Peyoli – Appellant
Versus
Santhavilasath Kesavan Sivadasan – Respondent
S. Marimuthu, J.
This appeal is directed against the judgment and decree delivered by the Additional Sub Judge, Quilon in O.S. No. 286/82. The plaintiff is the appellant and the defendants are the respondents in this appeal. The plaintiff filed the suit for recovery of money on the following grounds: On 17.11.1971 the defendants/respondents received a sum of Rs. 15,000/- from the plaintiff/ appellant agreeing to pay the same on demand with interest at 12% per annum and executed a promissory note. As a further security for the same amount, they executed a memo of deposit of title deed relating to the plaint schedule property. The defendants made the payment of Rs. 900/- only in six instalments. Thereafter no amount was paid. As on 18.2.75 the date of the termination of the chitties between the defendants and the plaintiff, an amount of Rs. 10,250/- was due to the plaintiff for which with interest the suit was filed. The plaintiff never agreed that the loan amount can be repaid by remitting the chitty instalments. The above contentions of the plaintiff were resisted by the defendants on the ground that the suit is barred by limitation. The plaintiff represented that as soo
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