M. RAYAPPAN Vs. D. SARASWATHI AMMAL

JUDGEMENT

(1.) THE question in this second appeal is whether the suit is in time. The defendant is the appellant.

(2.) THE suit is filed for recovery of a sum of Rs. 8,371 -25 due on a promissory note dated 11.5.1970. An endorsement of payment was made on the promissory note on 1.4.1973. The suit was filed on 28.1.1978. According to the plaintiff he bona fide believed that the defendant was an agriculturist and therefore he was entitled to the benefits of the Tamil Nadu Agriculturists Debt Relief Acts and hence the suit filed beyond three years from the date of endorsement is in time.

(3.) THE trial Court decreed the suit and it was confirmed by the first appellate Court.