KISHORELAL STORES Vs. JAGANNATH BAYAJI PATIL

JUDGEMENT

(1.) This is an application in revision arising out of a suit filed by the applicant against the defendant. The suit was dismissed by the Second Class Subordinate Judge of Karad on the ground that it was barred by limitation and the decree was confirmed in appeal by the District Judge of Satara.

(2.) The applicant filed the suit to recover a sum of Rs. 148-6-3 for principal and interest due on a khata in the name of one Bayaji Savalaram, the deceased father of the opponent.

(3.) The trial Judge held that the suit khata had been proved, but that the claim was not in time. The suit was under the Dekkhan Agriculturists Relief Act. The accounts relied on by the plaintiff showed that the last entry was dated November 9, 1931. The suit was filed on February 29, 1940. The plaintiff's clerk stated in his evidence that the deceased had made certain payments towards the khata on July 29, 1935, a June, 2, 1936.