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1957 Supreme(Ker) 226

M.S.MENON, KOSHI, KUMARA PILLAI
Chacko Varkey – Appellant
Versus
Thommen Thomas – Respondent


Judgment :-

1. The plaintiffs in O.S. No. 167 of 1124 of the District Court of Kottayam are the appellants before us. The suit was based on Ext. A, an unregistered chitty udampady executed by the defendant in favour of the 1st plaintiff on 7-11-1107. The chitty terminated on 15- 7-1116. The suit was instituted on 20-8-1124. The date on which the cause of action arose was not specified in the plaint.

2. The lower court found that the suit was barred by limitation. The learned counsel for the appellants concedes that the conclusion is correct but for Ext. Al, an endorsement on Ext. A made by the defendant and signed by him on 18-10 -1121. The endorsement reads as follows :

3. S.19 (1) of the Travancore Limitation Act (Act VI of 1100) provides: "Where, before the expiration of the, period prescribed for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by some person through whom he derives title or liability, or by some person who is, either by operation of law or by contract, entrusted with the general management o





























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