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Kadri Pakirappa and ors. Vs. Manki HusaIn Saheb - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Judge
Reported in3Ind.Cas.19
AppellantKadri Pakirappa and ors.
RespondentManki HusaIn Saheb
Cases ReferredVenkataramanayya v. Srinivasa Rau
Excerpt:
limitation act (xv of 1877), section 19 - acknowledgment of lability--claim for value of goodfs sold--defendant's acknowledgment in written statement in a prior suit for delivery of articles to him by members of plaintiffs' family--whether sufficient acknowledgment to save bar of limitation. - 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. ishan chunder roy 25 i.a. 95. 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. srinivasa rau 6 m.k 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.
Judgment:

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. Ishan Chunder Roy 25 I.A. 95. 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. Srinivasa Rau 6 M.k 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.


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