DHAPAI Vs. DALLA AND ORS.

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 30th 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 required to pay half the theka money to the plaintiff. According to the allegations made in the plaint the time fixed for payment 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 Article 115 of the First Schedule to the Limitation Act held that the suit, which was instituted on 26th July, 1962, was barred by time.

(3.) The plaintiff preferred an appeal, and the learned Civil Judge, who heard the appeal, allowed it on the finding that Article 120 of the First Schedule to the Limitation Act applied, and under that Article the limitation was six years. The learned Civil Judge neither confirmed nor disturbed the findings of fact arrived at by the learned Munsif regarding the date on which the money became payable.