MADHAVAN NAIR
The District Board of Ramnad through its President – Appellant
Versus
D. K. Mahomed Ibrahim Sahib – Respondent
Madhavan Nair, J.
1. The plaintiff, the District Board of Ramnad through its President, is the appellant. The question in this appeal is whether the appellants claim to recover from the defendant Rs. 1,031 subscription collected by him for the purpose of constructing a bridge over the Paralyar river is barred by limitation. A sum of Rs. 5,000 was promised by the defendant as personal contribution for the purpose of constructing the bridge and a sum of Rs. 1,031 was collected by him for the same purpose. The river was bridged at a cost of Rs. 29,000 odd and was completed on 12th July, 1924 In the suit out of which this appeal arises the President of the District Board claims both the sums from the defendant. The Lower Court gave a decree for Rs. 5,000 but held that the claim for Rs. 1,031 was barred by limitation applying Article 62 of the Limitation Act.
2. Article 62 prescribes three years for money payable by the defendant to the plaintiff for money received by the defendant for the plaintiffs use and the period begins to run from the date when the money is received. It is clear to us that Article 62 will not apply to cases of this kind, for it has been held that that Artic
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