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1980 Supreme(Ker) 78

G.VISWANATHA.IYER, K.K.NARENDRAN
MARY – Appellant
Versus
CHERCHI – Respondent


Judgment :-

1. The plaintiff is the appellant: The facts leading to this appeal are the following: The second defendant is her husband. Their marriage took place on 29-1-1963. Previous to that on 10-1-1963 there was a marriage engagement and at that time the plaintiff's father entrusted to Lazar, the second defendant's father, Rs.6,001/- as Sreedhanam amount for plaintiff's benefit. Out of that a sum of Rs. 2,226/- had been utilised for making ornaments to the plaintiff. The plaintiff's case is the balance sum of Rs. 3,775/- was agreed to be paid to her on demand after three years and this promise was made by the second defendant's father on 8-2-1963. Though the plaintiff asked for the payment of the amount the second defendant's father promised to pay the same without delay. But he could not fulfil the promise as he died on 17-9-1966. Thereafter there was a karar entered into between the children of this Lazar regarding the partition of his assets and liabilities. This sum of Rs. 3,775/- was specifically mentioned as an item to be paid to her. But even thereafter the amount was not paid and alleging these the plaintiff filed the suit in 1968 for recovery of this amount with intere























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