Q. What are the equivalent citations for Gopalsami Iyer vs Subramania Sastri ?

The equivalence citation are(1912) ILR 35 MAD 636 ; 1911 MWN 190 ; LQ/MadHC/1911/139 ;

Gopalsami Iyer Vs. Subramania Sastri On 20 April, 1911

Q: Q. What was the bench assigned for the case Gopalsami Iyer vs Subramania Sastri?

HONBLE MR. JUSTICE BENSON , HONBLE JUSTICE MR. SUNDARA AIYAR

Open iDraf

Gopalsami Iyer v. Subramania Sastri

Gopalsami Iyer
v.
Subramania Sastri

(High Court Of Judicature At Madras)

Second Appeal No. 190 Of 1909 | 20-04-1911

[1] The plaintiff handed over the jewel to the defendant to procure a loan for the plaintiff. The defendant obtained the loan. After the plaintiff had paid it off, the defendant, who got back the jewel, retained possession of it The plaintiff made a demand on defendant for the return of it by Exhibit B on 18th August 190

4. The defendant s refusal to return was on 29th April 1906 (Exhibit III) and the suit was instituted on 18th February 1908, i. e., within three years after the defendant s refusal. The plaint does not allege that there was an agreement that the jewel should remain in deposit with the defendant after the re-payment of loan. Article 145 of the Indian Limitation Act, 1908, would, therefore, apparently be inapplicable. But the defendant must be taken to have held possession of the jewel on behalf of the plaintiff until the date of Exhibit III. We are, therefore, of opinion that under Article 49 of the Indian Limitation, Act, 1908, the suit is not barred by limitation. We are unable to agree with Mr. Srinivasa Aiyar s contention that mere silence on defendant s part when he received Exhibit B would on this account amount to refusal. See Gopal Chandar Bose v. Surendranath Dutt (1908) 12 C.W.N. 1010 at 101

4. We reverse the decree of the lower appellate court and restore that of the Munsif with costs both here and in the lower appellate court.

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Bench List

HON'BLE MR. JUSTICE BENSON

HON'BLE JUSTICE MR. SUNDARA AIYAR

Eq Citation

(1912) ILR 35 MAD 636

1911 MWN 190

LQ/MadHC/1911/139

HeadNote

Contract and Specific Relief — Specific Performance — Agreement to procure loan — Loan paid off — Agreement not to return jewel — Held, jewel must be taken to have been held on behalf of plaintiff until date of refusal — Limitation Act, 1859 — S. 20 — Indian Limitation Act, 1908 — Art. 49 or Art. 145