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Ramaswami Chetty Vs. Pavadi Sami.L.R. Ban and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.852
AppellantRamaswami Chetty
RespondentPavadi Samban and ors.
Excerpt:
registration - hypothecation bond below rs. 100--amount more than rs. 100 at date of assignment. - - if the payments are false the suit is clearly barred......176. the assignment requires registration to operate as a transfer of the, hypothecation. the next question is whether the personal remedy was barred. the 3rd issue raises the question whether the payments alleged in the plaint and the endorsement on the bond sued on are true. the amount of the bond was payable on the 10th of april 1899. but for the alleged payments of interest the suit is barred. mr. ranga chariar raised the question as to whether the payment of interest by the manager of a hindu family will save limitation against other members. but it is unnecessary to consider this as the 3rd issue has been found against the plaintiff by the munsif and the district judge. if the payments are false the suit is clearly barred. we must dismiss the second appeal; but as the respondents.....
Judgment:

1. The suit is upon an unregistered assignment of an unregistered hypothecation bond. The bond was for Rs. 50, interest having accumulated, the assignment was for Rs. 176. The assignment requires registration to operate as a transfer of the, hypothecation. The next question is whether the personal remedy was barred. The 3rd issue raises the question whether the payments alleged in the plaint and the endorsement on the bond sued on are true. The amount of the bond was payable on the 10th of April 1899. But for the alleged payments of interest the suit is barred. Mr. Ranga Chariar raised the question as to whether the payment of interest by the manager of a Hindu family will save limitation against other members. But it is unnecessary to consider this as the 3rd issue has been found against the plaintiff by the Munsif and the District Judge. If the payments are false the suit is clearly barred. We must dismiss the second appeal; but as the respondents were not represented at the hearing we do so without costs.


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