BANSILAL Vs. LAL CHAND

JUDGEMENT

(1.) THIS is a defendant's revision application against an appellate decree of Civil Judge, Sirohi, decreeing a suit for the recovery of money against him. The suit was dismissed by the trial court as being time barred.

(2.) ACCORDING to the facts as found by both the courts below, the defendant borrowed a sum of Rs. 300/- from the plaintiff on 23rd February, 1954 and executed a Khata Ex. 1 agreeing to pay interest at -/8/-annas pet cent per month. The interest due up to 22nd February, 1955 was paid by the defendant and an entry about this payment was written in the Khata and was signed by the defendant. Again on 1st March, 1956 the interest which had fallen due by that date was paid by the defendant and another entry was endorsed on the Khata about this payment as well which was signed by the defendant. On 19th February, 1957 a sum of Rs. 18/- had fallen due. An entry about it was made in Khata Ex. 1 and it was signed by the defendant on 19th February, 1957. The sole question which arises for determination in the present case is whether from this entry acknowledging expressly that a sum of Rs. 18/- had fallen due by way of interest on the loan, an acknowledgment of liability in respect of the Khata dated 23rd February, 1954 can be inferred so as to extend limitation under sec. 19 of the Limitation Act. If it does not, then the present suit, which was instituted on 11th August, 1959 would be barred by limitation.