CHACKO VARKEY Vs. THOMMEN THOMAS

JUDGEMENT

(1.) The plaintiffs in O. S. No. 167 of 1124 of the District Court of Kottayam are the appellants before us. The suit was based cm Ex. A, an unregistered chitty udampady executed by the defendant in favour of the 1st plaintiff on 7-11-1107. The chitty terminated on 15-7-1116. The suit was instituted on 20-8-1124. The date on which the cause of action arose was not specified in the plaint.

(2.) The lower Court found that the suit was barred by limitation. The learned counsel for the appellants concedes that the conclusion is correct but for Ex. A-1, an endorsement on Ex. A made by the defendant and signed by him on 18-101121. The endorsement reads as follows: (Endorsement in Malayalam omitted.)

(3.) Section 19(1) of the Travancore Limitation Act (Act VI of 1100) provides: