SWAPNA Vs. THANKAVELU

JUDGEMENT

(1.) Appeal is by the plaintiff who is the wife of the defendant. The suit was for return of the plaint A schedule ornaments and B schedule utensils or in the alternative to recover the value thereof from the defendant. The plaintiff was the wife of the defendant and they have been divorced. According to the plaintiff while they were residing together, on 25-2-1979 when she received information that her brother was seriously ill in the hospital at Coimbatore, she had to go there and before going to see her brother she had entrusted the ornaments to the custody of her husband on that day. Consequent to the illness brother died and after her return the relationship between the parties became strained and later they were divorced. The plaintiff filed the suit for return of the ornaments and other utensils or in the alternative for the price.

(2.) Defendant raised various contentions and contended that she had not entrusted any ornaments or utensils with him and that her brother or the wife had no capacity to purchase the articles. Accordingly he prayed for dismissal of the suit.

(3.) The Trial Court overruled all the contentions of the defendant and granted the plaintiff a decree for recovery of Rs.12,890/- with interest at the rate of 12% per annum from the date of realisation. Against the above decree defendant filed an appeal before the Lower Appellate Court. The Lower Appellate Court also agreed with the Trial Court that the entrustment of ornaments and utensils pleaded by the plaintiff is true and confirmed that part of the finding of the Trial Court. But the Lower Appellate Court held that the suit is barred by limitation as it is not filed within three years from the date of the alleged entrustment viz. 25-2-1979. Accordingly the suit was dismissed by the Lower Appellate Court and the appeal by the plaintiff is against the above decree.