KADRI PAKIRAPPA Vs. MANKI HUSAIN SAHEB

JUDGEMENT

(1.) THE plaintiffs claim is not barred. THEre is a clear acknowledgment in the written statement of the delivery of the articles, therein referred to, to the defendant. From circumstances of that delivery-follows the legal incidents of his position to account for its price. See Sukhamoni Chow-dkrani V/s. Ishan Chunder Roy 25 C. 844 at p. 851 : 25 I.A. 95 : 2 C.W.N. 402. Counsel for the respondent cannot distinguish the case before us from this decision of the Privy Council and we are bound by it. If the ruling in Venkataramanayya V/s. Srinivasa Rau 6 M. 182 is opposed to that decision we cannot follow it. We, therefore, set aside the decree of the lower appellate Court and direct the Judge to restore the appeal to his file and dispose of it in accordance with law. Costa will abide the result.