STATE OF KERALA Vs. T M CHACKO

JUDGEMENT

(1.) The short question that arises in this appeal is whether Exhibits B-4 and A-8 do not contain any acknowledgment of the liability by the appellant-defendant, the State of Kerala, and if so is the suit filed by the respondent-plaintiff, for recovery of the bid amount paid to the Forest Department, barred by limitation under Article 47 of the Limitation Act, 1963

(2.) Briefly stated, the following facts give rise to this question.

(3.) The respondent, thereafter, issued notice under Section 80 of the Code of Civil Procedure to the appellant claiming the amount of compensation which included refund of the bid amount and filed the suit as indigent person on July 28, 1977 in the Court of Subordinate Judge, Trivandrum, praying the Court to grant compensation to the tune of Rs. 83,000/- with twelve per cent interest per annum amounting to Rs. 35,690/- and future interest at six per cent per annum. The appellant denied that it was liable for payment of any compensation and pleaded, inter alia, that the suit was barred by limitation. The trial Court came to the conclusion that as the appellant acknowledged the liability both under Exhibits B-4 and A-8, the suit was not barred by limitation and thus decreed the suit on July 19, 1980. The appellant carried the matter in appeal before the High Court of Kerala in A.S. No. 150 of 1981. On March 31, 1981, the High Court confirmed the judgment of the trial Court and dismissed the appeal. From the said judgment of the High Court, the present appeal arises.