NIYOGI
RAGHOAPPA – Appellant
Versus
BALAPPA – Respondent
Niyogi, J—This is a defendant's application for revision of the judgment of the Senior Small Cause Court Judge, Basim, in Small Cause Suit No. 30 of 1935.
2. The applicant, Raghoappa, succeeded as reversioner on the death of Musammat Sonabai, who had executed a bond on April 12, 1930, for Rs. 300 in favour of the plaintiff. The lower Court held that the sum of Rs. 300 was required by her for purposes which were binding on the estate which devolved on her from her husband, and decreed the claim in full.
3. It is urged on behalf of the applicant that the evidence as to payment of Rs. 10 on April 7, 1933, is obscure and unsatisfactory. The importance of this payment lies in the fact that it serves to extend the period of limitation which otherwise would expire on April 12, 1933. It is true, as some witnesses say, that the widow was not keeping good health for some time previously, but that is a circumstance which creates a suspicion that cannot prevail against the positive evidence on the record that she had actually paid Rs. 10 to her creditor and that she endorsed the payment on the back of the bond, and affixing her finger mark.
4. Much vigorous argument was addressed on the p
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