EBRAHIM HAJI YAKUB Vs. CHUNILAL LALCHAND KABRE

JUDGEMENT

(1.) It is admitted that the defendant No. 1, by an order of the Court made in an administration suit, is the manager of the property of Haji Usman Haji Oomar who died in or about March 1903.

(2.) The plaintiffs firm had dealings with Haji Usman s firm at Malegaon. The business of that firm, according to the finding of the lower Court, was, during the lifetime of Haji Usman, carried on by a gumasta named Khanderao.

(3.) The suit was instituted by the plaintiffs on the 30th of May 1906 by presenting the plaint to the officer of the Court at Ahmednagar. In order that the plaintiffs may not be met by a bar of limitation they have to show that there was some acknowledgment binding upon the estate given under Section 19 of the Limitation Act within the three years anterior to the 30th of May 1906. The acknowledgment relied upon for this purpose is dated 2nd of June 1903. It is in the shape of a post- card addressed to the plaintiffs by the gumasta Khanderao from Malegaon in the name of Haji Usman Haji Oumar in which no reference is made to the death of the latter. It purports to be an answer to a letter from the plaintiffs relating to their account and concludes by saying " You mention that there are moneys due; as to that I admit whatever may be found on proper accounts to be owing by me; you need not entertain any anxiety."