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Kailasa Padiachi Vs. Ponnukannu Achi and anr. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Judge
Reported in(1895)ILR18Mad456
AppellantKailasa Padiachi
RespondentPonnukannu Achi and anr.
Cases Referred and Bhasker Tatya Shet v. Vijalal Nathu I.L.R.
Excerpt:
limitation act - act xv of 1877, section 20--payment of interest on a debt--authority of a previous guardian of a debtor remaining in management after the debtor's majority. - - 10 on account of interest made on the 22nd december 1889, the suit would be clearly barred; this contention, i consider, is well founded......that he allowed his mother to continue in management for sometime after he had become a major, and that the payment was made when she was so managing her son's affairs. the payment of interest accruing on an existing debt being an ordinary incident of management, i think it must be taken that the authority from the son to manage his affairs included an authority to make the payment. i may observe that section 20 of the limitation act only requires that the payment should be made by an agent duly authorized. it is therefore immaterial that no special authority was given to her. i set aside the decree of the subordinate judge and direct that the second defendant do pay the plaintiff the amount sued for with interest at 6 per cent, per annum from date of plaint till date of payment and with.....
Judgment:

Muttusami Ayyar, J.

1. It is conceded that but for the payment of Rs. 10 on account of interest made on the 22nd December 1889, the suit would be clearly barred; but it is contended that the Subordinate Judge is in error in holding that first counter-petitioner had no authority to make such payments. This contention, I consider, is well founded. The Subordinate Judge relies on the decision in Wajibun v. Kadir Buksh I.L.R. 13 Cal. 292 but that decision was dissented from chinnaya v. Gurunatham I.L.R. 5 Mad. 169; Sobhanadri Appa Rau v. Sriramulu I.L.R. 17 Mad. 221 and Bhasker Tatya Shet v. Vijalal Nathu I.L.R. 17 Bom. 512 The principle laid down in these cases is that a guardian is legally competent, in the ordinary course of management, either to acknowledge a debt due by his or her ward, or to make a part-payment, or to pay interest. This being so, the only question that arises for decision is whether the first counter-petitioner can be treated upon the facts found as a person duly authorized to pay interest on behalf of the second within the meaning of Section 20 of the Limitation Act. It is true that the second counter petitioner had attained majority when the payment was made, but the Subordinate Judge finds that he allowed his mother to continue in management for sometime after he had become a major, and that the payment was made when she was so managing her son's affairs. The payment of interest accruing on an existing debt being an ordinary incident of management, I think it must be taken that the authority from the son to manage his affairs included an authority to make the payment. I may observe that Section 20 of the Limitation Act only requires that the payment should be made by an agent duly authorized. It is therefore immaterial that no special authority was given to her. I set aside the decree of the Subordinate Judge and direct that the second defendant do pay the plaintiff the amount sued for with interest at 6 per cent, per annum from date of plaint till date of payment and with costs.


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