SARADA CHARAN CHAKRAVARTI Vs. DURGARAM DE SINHA

JUDGEMENT

(1.) On the 28 Agrahayan 1293, Mohesh Chandra Chuckerbutty, father of the defendants Nos. 1 to 4, executed the mortgage bond in suit. On the 26 Chaitra 1305, the defendant No. 1 paid Us. 5 towards interest due on the bond: this he did to avert a suit about to be brought by the plaintiff, and an endorsement was duly made of the bond in the presence of a pleader who arranged the matter between the parties. The suit giving rise to this appeal was instituted on the 24 November 1905, and it is barred against the defendants Nos. 2 to 4 unless the payment of interest be held to have given the plaintiff a fresh starting point as provided by Section 20 of the Limitation Act, XV of 1877. It appears that the second defendant was of age when his brother paid the item of interest. The third and fourth defendants are still minors.

(2.) The Court of first instance gave a decree against the defendant No. 1 only. The lower Appellate Court decreed the entire claim against all the defendants, of whom the defendants Nos. 2 to 4 are the appellants before us.

(3.) It is urged (i) that the defendant No. 1 was sued as the guardian of his brothers, and not as the manager of their family property, and that he was not their guardian when he paid the interest; (ii) that the defendant No. 1 did not make the payment either as guardian or as manager; (TO), that the defendant No. 1 was not the duly authorised agent of his brothers in paying the interest; and (iv) that the payment of interest was not for the benefit of the minors.