ISHAN CHUNDER ROY Vs. SUKHAMONI CHOWDHRANI

JUDGEMENT

(1.) THE appellant and respondent are two co-owners of lands subject to payment of rent. The owner of the rent obtained decrees for a large sum in arrear, and to save the estate from sale the respondent and another co-owner raised a sum of Rs. 50,000 by borrowing from various persons. That sum was deposited in court, and on April 1, 1885, was paid to the judgment creditor. The respondent is plaintiff in the present suit, and is. suing the appellant for contribution to the extent of her share in the estate. The only question before their Lordships is whether or no his suit is barred by lapse of time.

(2.) THE cause of action arose on April 1,1885. The suit was brought in February, 1891. If the limit of time is three years it would be barred in April, 1888, unless saved by acknowledgment or payment. Both Courts below have considered that the case falls within Article 61 of Act XV. of 1877, and the argument here has proceeding on that footing. Without further examining the point their Lordships will take it, in the defendant's favour, that the limit of time is three years.