AS/35/1950 of ITTY SKARIA OF PUNNAPATASSERIL Vs JACOB KATHANAR KOCHITTY on 6 June 1952

-In the High court of TravancoreCochin

Before

The Hon'ble ShriK.S.Govinda Pillai,JudgeandThe Hon'ble shriJoseph Vithayathil,Judge·'A.S.35 of 1950

0. $.178 0f 1119, Kottayam Muns1ff's Court Appellant - 1st defendant: - Itty Skar1a of Punnapatasseril,Chingalam Kara, Kummana Pakuthi.

By Advocate Shri M.S.Joseph

-Respondents - Plaintiffs:

4. Jacob Zathnar iochio° :aampurathu Erupathil,ChengalamKara,Thiruvarpu.

2. Jacob Kathanar Chacko of no.

By Advocate Shri M.U.Isac.

This appeal suit having been heard on 6-6-1952,the court on the same day delivered the following:- Judgraent The plea of limitation is against the provisions of Act 120 of the Limitation Act(Travancore) and since tie suit wasfiled within 12 years of the date of demand mentioned in that articleit is not barred by limitation.The,partial discharge pleaded bythe defendant is not satisfactorily made out.The only rerainingquestion relates to the mode of calculation. The amount as due on--2131107 has to be calculated and the sum due to the defendantunder the B class ticket is to be deducted.It was admitted on :taboth sides, that en such deduction, the amount due will be--Indian Rs.66690. This along with the moiety of the principal willbe the amount due to the plaintiff on the date of suit. Thereafter--interest at 4 per cent on the principal sum of Rs.66690 will be--calculated till 28111123 when ~.500 bad been deposited by thedefendant in court.his will be deducted on that day; and 4 percent interest will be calculated on the balance till the date ofdecree of the lower court.The amount found due then together witn• interest thereon at 4 per cent, am one-half of the costs of theplaintiff in the lower court will be the sum due to the plaintiff.

He· is allowed t.o .realise the same from the defendant. The.rewill bte- no.•.·o.rd. .e-~~.r-as't_.&o t..he co~-.sts o•f, this. ap• ~pea•l.Sd.K.s. Govinda Pillai,Judge·Sd·.Joseph Vithayathil,Judge--661952

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