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1980 Supreme(Ker) 88

P.SUBRAMONIAN POTI, P.JANAKI AMMA
KRISHNAN ASSARI – Appellant
Versus
AKILAKERALA VISWAKARMA MAHA SABHA – Respondent


Judgment :-

1. The appellant is the plaintiff in O.S. No. 60 of 1971, on the file of the Subordinate Judge's Court, Mavelikkara. The suit was for recovery of Rs. 10,613.98 with interest at 6% from the date of the plaint.

2. During the period 3-11-1963 to 25-6-1967, the appellant was the President of the Akhilakerala Viswakarma Maha Sabha, which is registered under the Companies Act with its office at Mavelikkara (for short the Sabha). While so functioning he is stated to have advanced loans to the Sabha on various occasions. On 31-12-1966 an amount of Rs. 11,763.48 was due from the Sabha to the appellant. The same stood included in the balance sheet of the Sabha for the said year. Towards the above transaction an amount of Rs. 1,000/- was paid on 25-6-1968. The balance-sheet dated 31-12-1968 mentioned that Rs.10,613.98 was due to the appellant. The said amount continued to be included in the balance-sheets for the years 1969 and 1970. On the failure of the Sabha to return the amount, the appellant sent a registered notice on 17-9-1971. The Sabha sent a reply to the above notice denying the transaction and alternatively setting-forth the bar of limitation. The suit was, accordingly,














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