KATAMREDDI VENKATARAMI REDDI Vs. MARAMREDDI BALARAMA REDDI

JUDGEMENT

(1.) This is an appeal directed against the Judgment and Decree of the Subordinate Judge of Nellore, in O.S. No. 3 of 1955, decreeing the plaintiff's suit for recovery of money as agreed under Exhibit A-1 dated 17th August, 1950. The defendant, the appellant herein, contended (1) that the suit was not maintainable under the provisions of section 69 (1) of the Partnership Act and (2) that the suit was, in any event, barred by limitation as the endorsement of payment (Exhibit A-3), was not made by him. The Court below held that the provisions of section 69 (1) of the Partnership Act do not apply and that the endorsement of payment was made by the appellant herein, and that the suit was consequently in time. In the result, he decreed the suit as prayed for. The defendant has consequently preferred the appeal to this Court.

(2.) Sri Venkata Reddi, the learned advocate for the appellant, strenuously contended (1) that the suit was not maintainable under section 69 (1) of the Partnership Act as the firm was not registered ; (2) that the plaintiff-respondent herein continued as a partner under the terms of Exhibit A-1, and (3) that the endorsement of payment was not made by the appellant herein.

(3.) The evidence of the plaintiff, examined, as P.W. 1, is that the appellant herein not only paid Rs. 10 as part-payment of under Exhibit A-1 but also that he made part-payments of Rs. 2,000 and Rs.'1,000 respectively under Exhibit A-2. The defendant admitted that he made the payments of Rs. 2,000 and Rs. 1,000 under Exhibit A-2 but did not make the payment of Rs. 10. Having carefully perused the evidence, we are inclined to agree with the Subordinate Judge that the payment was true and that the endorsement was made by the defendant. We have compared the endorsements of payments on Exhibit A-2 marked as Exhibits A-4 and A-5 with the endorsement of payment of Rs. 10 marked as Exhibit A-3- The handwriting appears to be the same. We therefore confirm the finding of the Subordinate Judge that the suit is not barred by limitation.