THIRAI DOLOI Vs. SINGHESWAR CHUITIA

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of a sum of Rs. 320 on the basis of a registered deed of mortgage executed on 1-9-1930. The deed provided that the mortgagor would pay interest at the rate or Rs. 3 per cent. per mensem. The debt was to be repaid within one year. A sum of Rs. 80 only was paid on 4-8-1943 towards the principal. An endorsement stating this fact was made on the back of the mortgage-deed. The suit was for recovery of Rs. 320, representing the balance of the principal, viz., Rs. 120 and Rs 200 as interest.

(2.) The defendant pleaded repayment of the debt. He also raised the plea of limitation.

(3.) The learned Munsiff of Jorhat found that the payment; of Rs 80 towards the principal on 2-8-1943 was proved. The endorsement on the back of the bond was signed by the debtor. This saved the limitation for the suit. He found that the plea of repayment had not been substantiated. He, however, granted plaintiff a decree for a sum of Rs 140-5-0 only on the ground that the payment of Rs. 80 on 4-8-1943 raised a presumption in favour of the debtor that interest up to that time had all been paid.