DHAPAL Vs. DALLA

JUDGEMENT

(1.) THE question which has been referred for the consideration of this Full Bench is as follows:-

(2.) THE facts of this case are very simple. The suit was for the recovery of Rs. 850 from the defendants. On 12th January, 1959, the plaintiff had taken the theka of fishery rights in a certain tank for the year 1959 and had paid the full theka money of Rs. 1, 700. He did not find it possible to work the entire theka and, therefore, he took the defendants as his partners. The shares of all the defendants separately defined, aggregated to one-half of the theka and therefore, they were re quired to pay half the theka money to the plaintiff. According to the allegations made in the plaint the time fixed for pay ment was upto 31st July, 1959. However, the finding of the learned Munsif was that the defendants had agreed to pay their share of the theka money by 31st January, 1959. The learned Munsif, applying Arti cle 115 of the First Schedule to the Limi tation Act held that the suit, which was instituted on 26th July, 1962, was barred by time.

(3.) THE revision filed against the ap pellate Court judgment was heard by a learned single Judge of this Court. It was contended before him that the case of Town Area Committee. Rava v. Budh Sen, AIR 1962 All 438 relied upon by the learn ed Civil Judge, had not been correctly decided, because neither Art. 115 nor Art. 120 of the First Schedule to the Limi tation Act could apply to the facts of the case and the suit should have been gov erned by Art. 113.