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1989 Supreme(Ker) 45

VARGHESE KALLIATH
ELAMPALLOR TRUST – Appellant
Versus
KAMALAKSITY AMMA – Respondent


Judgment :-

1. This is an appeal by the first defendant. The suit was one for realisation of money. The short facts for the disposal of this appeal are these.

2. The first defendant is a Private Family Trust. The administration of the Trust is controlled and managed by as elected committee. The present convenor is one M. Karunakaran Pillai. The 2nd defendant is the former convenor of the first defendant Trust. The plaintiff is also a member of the Trust.

3. On five occasions the Trust received loans totalling an amount of Rs. 21,000/- from the plaintiff. When the plaintiff demanded to repay the said sum of Rs. 21,000/- she was told by the 2nd defendant that the general body of the first defendant has decided to treat the said loan amount of Rs. 21,000/-as a deposit with the first defendant repayable on demand with interest not exceeding 7 per cent per annum from the income of the Trust to which the plaintiff also agreed to. The defendants did not repay the amount. The plaintiff demanded the amount with interest on 20-6-1986. The amount was not repaid. The first defendant issued a reply notice denying the liability of the first defendant. This letter caused the filing of the suit. The








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