MAHILA SHIKSHA SADAN Vs. JAINARAYAN MITTAL

JUDGEMENT

(1.) IN this appeal by the defendant, the only question raised is, whether the plaintiff's suit is within limitation ?

(2.) THE question arises in these circumstances : THE plaintiff-respondent was given a contract by the defendant-appellant on 4-5 1958 to make certain constructions and the plaintiff carried out the same. THE total construction carried out by the plaintiff was admittedly for Rs. 60,073 72, out of which the appellant had received Rs. 55. 907/ -. After giving allowance for two items of Rs. 188/- and Rs 30/- the plaintiff filed the present suit for Rs. 3,927. 72 as principal and Rs. 707. 00 as interest; total Rs. 4,634. 72. In order to bring the suit within limitation, the plaintiff relied upon letter Ex. 1 dated 21st May, 1961, wherein, according to the plaintiff, the defendant is alleged to have acknowledged the plaintiff's claim. THE decision of this case, in fact, centres round the interpretation of this document. THE learned District Judge, Ajmer has construed this letter as an acknowledgement of liability.

(3.) THUS a perusal of the account detailed on the reverse of the letter clearly shows that the total amount recoverable by the plaintiff on account of cost of construction was Rs. 60,073. 72, and towards this amount the defendant had paid Rs. 50,360/-, and was further entitled to get a set off for certain items mentioned in the account.