In the High court of Travancore-Cochin Before The Hon'ble Shri K.S. Govinda Pillai, The Hon'ble shri Joseph Vithayathil , · 'A.S.35 of 1950 Judge and Judge i 0.$.178 0f 1119, Kottayam Muns1ff's Court Appellant - 1st defendant: - Itty Skar1a of Punnapatasseril, Chingalam Kara, Kummana Pakuthi. By Advocate Shri M.S.Joseph Respondents - Plaintiffs:- 4. Jacob Zathnar iochi o° :aampurathu Erupathil, Chengalam Kara,Thiruvarpu. 2. Jacob Kathanar Chacko of no. By Advocate Shri M.U.Isac. This appeal suit having been heard on 6-6-1952, the court on the same day delivered the following:- Judgraent The plea of limitation is against the provisions of Act 120 of the Limitation Act (Travancore) and since tie suit was filed within 12 years of the date of demand mentioned in that article it is not barred by limitation. The,partial discharge pleaded by the defendant is not satisfactorily made out. The only reraining question relates to the mode of calculation. The amount as due on 21-3-1107 has to be calculated and the sum due to the defendant under the B class ticket is to be deducted. It was admitted on :ta both sides, that en such deduction, the amount due will be Indian Rs.666-9-0. This along with the moiety of the principal will be the amount due to the plaintiff on the date of suit. Thereafter interest at 4 per cent on the principal sum of Rs.666-9-0 will be calculated till 28-11-1123 when ~.500 bad been deposited by the defendant in court. his will be deducted on that day; and 4 per cent interest will be calculated on the balance till the date of decree of the lower court. The amount found due then together witn • interest thereon at 4 per cent, am one-half of the costs of the plaintiff in the lower court will be the sum due to the plaintiff. • 2. A.S.35 of 1950 ., Judgment. l • 6-6-1952 Sd.K.s. Govinda Pillai, ·Sd·.Joseph Vithayathil, Judge Judge He· is allowed t.o .realise the same from the defendant. The.re will be no·o.rde.r-asto the costs of, this appeal. t - .•. . . -~~ ' _.& .. ~-. • . • ~ • .0- t ; !