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1983 Supreme(Ker) 252

A.P.SEN, MADAN B.LOKUR
GOPALAKRISHNA PILLAI – Appellant
Versus
MANI – Respondent


Judgment :-

1. The question which falls for determination in this appeal by special leave from the judgment and order of the Kerala High Court is whether the amount claimed by the Appellant in a suit filed by him against the Respondent was a "debt" within the meaning of that expression as defined in clause (3) of S.2 of the Kerala Debt Relief Act, 1977, (hereinafter referred to as "the said Act") and was, therefore, deemed to be discharged.

2. The Appellant's case as founded in the plaint was that the Respondent sold a cow and a calf to him for a sum of Rs. 1,600 and that the cow did not yield the quantity of milk which the Respondent had stated it would yield and was suffering from an incurable disease which was concealed from the 'Appellant by the Respondent. For this reason, the Appellant asked the Respondent to buy back the said cow and the calf for the same price which had been paid by the Appellant to the Respondent and thereupon the Respondent agreed to buy back the said cow and calf for a sum of Rs. 1,600. In pursuance of this agreement, the said cow and calf were returned by the Appellant to the Respondent. By his letter dated October 27,1976, the Respondent acknowledged th


























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