S KR A ADAPPA CHETTIAR Vs. MEENAKSHI ACHI

JUDGEMENT

(1.) The only question argued in this second appeal is whether the money for the recovery of which the suit was instituted was "money lent under an agreement that it shall be payable on demand", or whether it was "money deposited under an agreement that it shall be payable on demand". If the former, Art. 59 of the Limitation Act would apply and the suit would be barred by limitation. If the latter, Art. 60 would apply and the suit would be in time.

(2.) Both the lower Courts have held that the suit was, as regards limitation, governed by Art. 60 and was in time.

(3.) The plaintiff is a Nattukottai Chettiar woman by name Meenakshi Achi. The defendant is a Nattukottai Chettiar money-lender. The money which he received from her was her stridhanam. When he received the money, he gave her the document Ex. A. 1. It may be thus translated: "Credit Meenakshi Achi (plaintiff) wife of Meyyappa Chettiar and debit S. Kr. A. Kr. Adappa Chettiar (defendant) Rs. 4,000. The said sum of Rs. 4,000 will be paid on demand, with interest at.......... per cent per annum." The document is dated 29-8-1941, is signed by the defendant and is stamped with four one anna revenue stamps. It contains a postcript that the ''thavanai'' agreed on was 12 months.