Court : Kerala
Decided on : Oct-06-1976
Reported in : AIR1977Ker132
Chandrasekhara Menon, J.1. The scope and ambit of a co-heir's authority to enlarge the period of limitation as against the other co-heirs or co-owners by an acknowledgment of liability or payment of interest or principal is the main question that arises in this appeal. As the answer to this question would, to a great extent, be influenced by the facts and circumstances of the case, it is only proper that we give a rather detailed history of the case. Purushothaman and Company, a partnership firm of which one T. V. Naganathan who has filed this suit, from which the appeal arises, on behalf of the firm and the 1st defendant are partners, were doing business in purchase and sale of paddy from 1961 onwards. One Sri N. S. Vaidyanatha Iyer, father of defendants 1 to 10 and husband of the 11th defendant was the proprietor of Sri Balasubramania Rice Mills. The place of business of the firm as well as the rice mill was in Trichur town. The plaintiff-firm was having its office in one of the room...
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