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1977 Supreme(Ker) 76

G.VISWANATHA.IYER
KOCHAPPAN – Appellant
Versus
OFFICIAL LIQUIDATOR – Respondent


Judgment :-

1. Defendants 1 to 3 are the appellants here Plaintiff-company before its liquidation was engaged in the conduct of kuries. In one such kuri, the total salary of which was Rs. 10,000/ , the first appellant was a subscriber for a half ticket. Subscription for each instalment (50 instalments on the whole) was Rs, 200/ . On 7th February, 1968, the first defendant bid the kuri and on 11th July, 1968, received the prize amount on executing a along with defendants 2 and 3 agreeing to pay the future subscriptions on the due dates and to take back the document after the 50th instalment. In the plaint the plaintiff alleged that the amounts paid by the first defendant upto and inclusive of 15 71969 would satisfy only twenty six instalments and that in spite of repeated demands and lawyer's notice the subscriptions payable since 7 21969, the 27th instalment, have not been paid. It was also alleged in the plaint that though more than three years elapsed after the execution of the kuri document, the subscription paid on 15 7 1969 amounted to an acknowledgment of liability and the suit filed on 15 71972 was within time. The amount of Rs 2,400/-and interest thereon from 7 21969 was th






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