ARUMUGHA GOUNDAR Vs. PALANIAPPA GOUNDAR

JUDGEMENT

(1.) THE defendant agriculturist owed the plaintiff money on a promissory note. A suit on the promissory note would, but for Madras Act (I of 1955), be barred on the 29th June, 1955. Madras Act (I of 1955) which came into force on the 1st March, 1955, prohibited the institution of a suit for recovery of a debt from an agriculturist, during the months, March to June, 1955. That period of four months was excluded from the time prescribed by the Limitation Act for the institution of a suit for the recovery of the debt. The plaintiff had therefore to institute a suit against the defendant on 1st July, 1955, if no payments were made within that period of four months. The Act provides for payment of part of the debt within that period of four months and grants time, in the event of such payment, for payment of the balance of the debt in equal instalments. Section 3(2) of the Act enacts:

(2.) THE plaintiff sent the defendant a notice on 6th June, 1955, demanding the money. The defendant sent a reply on 17th June, 1955, stating that he was ready and willing to pay the amount payable in accordance with the provisions of Act I of 1955. The defendant did not pay any money. He sent Rs. 200 by money order on 29th June, 1955.

(3.) ON 1st July, 1955, the plaintiff instituted a suit for recovery of the money. The defendant contended that, since the sum payable under the Act before 1st July, 1955, had been paid by way of the money order which he had sent, he was entitled to his costs and that the plaintiff was not entitled to his costs. That plea was accepted by the District Munsif. He passed a decree for the amount due on the promissory note and directed the plaintiff to bear his own costs and to pay the costs of the defendant. The plaintiff preferred an appeal. The learned Subordinate Judge reversed the decree in the matter of costs and granted the plaintiff his costs in the suit and in the appeal. The defendant has preferred this second appeal. The question relates to the construction of the word "paid" occurring in Section 3(2) of Madras Act (I of 1955).