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1953 Supreme(Mad) 158

RAMASWAMI GOUNDER
Ahilyamba Chatram and Devasthanam by its hereditary trustee Sri Rajaram Rajah Saheb, Senior Prince at Tanjore Palace – Appellant
Versus
R. Subramania Ayyar – Respondent


Advocates:
G.R. Jagadisa Aiyar for Petitioner.
R. Subramania Ayyar for Respondent.

Judgment:-

This is a Civil Revision Petition filed against the decree and judgment of the learned Small Cause Judge of Tanjore in S.C.No.1177 of 1949.

The facts are.-The plaintiff, R. Subramania Ayyar, was appointed as clerk of the defendant Ahilyamba Chatram Devasthanam, in 1927. It is evident from Exhibit A-1 that as security for the proper fulfilment of his duties as a clerk under the defendant Devasthanam, the plaintiff deposited as security on three occasions amounts aggregating to Rs.200. The receipts for these payments are Exhibits A-2 to A-4. The plaintiff left the service of the Devasthanam in 1930. He gave a registered notice on 15th January, 1947, for return of the amount deposited. The Devasthanam did not comply with the demand. Hence the suit in the lower Court.

The controversy in the lower Court and here is whether Article 120 or Article 145 of the Limitation Act applies to the same. If the former is the case, the suit is barred by time and if the latter is the case the suit is within time.

A suit to recover a sum of money deposited as security for proper performance of the duties of an office and from which the employer was entitled to deduct all sums not accounted for b











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