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Yoodara Sobhanadri Vs. Challagula Venkanna - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in96Ind.Cas.309
AppellantYoodara Sobhanadri
RespondentChallagula Venkanna
Excerpt:
limitation act (ix of 1908), section 20 - payment exceeding principal amount, whether payment towards interest as such--extension of limitation. - reilly, j.1. the only question argued for petitioner is whether the payment shown by the endorsement, ex. a-21, saves limitation. the very amount of that payment, rs. 900 is clear indication that part of it was towards interest as the original principal was only rs. 800. the evidence shows that p.w. no. 1 who made the payment was defendant's agent duly authorised to make the payment. there does not appear to be anything in the suggestion that p.w. no. 1 did not follow the exact authority given to him by defendant in the matter. the payment clearly saves limitation.3. the petition is dismissed with costs.
Judgment:

Reilly, J.

1. The only question argued for petitioner is whether the payment shown by the endorsement, Ex. A-21, saves limitation. The very amount of that payment, Rs. 900 is clear indication that part of it was towards interest as the original principal was only Rs. 800. The evidence shows that P.W. No. 1 who made the payment was defendant's agent duly authorised to make the payment. There does not appear to be anything in the suggestion that P.W. No. 1 did not follow the exact authority given to him by defendant in the matter. The payment clearly saves limitation.

3. The petition is dismissed with costs.


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