KORA LUKOSE Vs. CHACKO UTHUPPAN

JUDGEMENT

(1.) The plaintiff in S. C. S. No. 53 of 1955 of the Court of the District Munsiff, Chenganachery, is the petitioner before us. The suit was dismissed on the ground that it was barred by limitation under Article 115 of the Indian Limitation Act, 1908, and the contention before us is that the article applicable is not Article 115 but Article 120 and that the suit should have been held as having been filed within time.

(2.) Under Ext. A, an agreement between the petitioner and the Tahsildar, Chenganachery, dated 27-12-1950, the petitioner undertook to pump out water from certain paddy lands and was entitled to be, paid therefor at the rate of Rs. 12-4-0 per acre under condition No. 1 of the said agreement.

(3.) Condition No. 2 of the agreement reads as follows: (The condition given in Malayalam script omitted. -- Ed.) The respondent was no party to the contract and cannot hence be held as bound by its terms. He was, however, benefited by the pumping operations and the question that arises for consideration is what exactly is the nature of the claim made against him by like plaintiff.