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1971 Supreme(SC) 537

A. N. RAY, D. G. PALEKAR, S. M. SIKRI
Luka Mathai – Appellant
Versus
Neelakanta Iyer Subramonia Iyer – Respondent


Judgment

SIRKI, CJI. :- By judgment dated May 26, 1970, this Court (Sikri, J., as he then was, and Ray J.) allowed Civil Appeal No. 542 of 1967, (reported in (1971) 1 SCR 629), set aside the judgment of the High Court and passed a decree in favour of the appellant after modifying the decree passed by the Trial Court. The respondent subsequently filed Review Petition No. 35 of 1970 for review on the ground that they had failed to bring to the notice of the Court the provisions of Tranvancore Regulation IX of 1094 and the fact that the loans were granted under the above Regulation. We allowed review on February 1, 1971. This judgment is however, in continuation of our earlier judgment dated May 26, 1970.

2. The only new point which needs discussion is the effect of the provisions of Travancore Regulation IX of 1094 on our conclusion on the fourth point in the judgment.

3. We had inter alia held that the "fourth point raised by the learned counsel for the plaintiff is fatal for the respondent". We observed that "the bonds do not give power to the Government to sell the properties other than (those?) mentioned in the bond. The properties mentioned in plaint A schedule items 2 to 5, B Sche























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