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1975 Supreme(Ker) 65

V.KHALID
THOMAS – Appellant
Versus
SARAKUTTY – Respondent


Judgment :-

1. The defendant is the appellant. The plaintiff is the daughter-in-law of the appellant. The suit was for recovery of the dowry amount of Rs. 3,591/-with interest, paid to the appellant on 13-2-1968 in connection with the marriage of the respondent-plaintiff with the son of the appellant. The marriage took place on 5 11 1967. The suit was instituted without any earlier demand by the issuance of a notice. The defendant deposited the whole dowry amount in Court on getting summons from Court and pleaded that he was not liable for costs and interest. This case was repelled by the trial Court and the trial Court decreed the suit making the defendant-appellant liable to pay interest and costs amounting to Rs. 400/-. In appeal, the appellate Court confirmed the judgment and decree of the trial Court since the appellant and counsel were absent.

2. Counsel for the appellant contended that he had paid the amount immediately on receipt of summons from Court and that if he had received a notice from the plaintiff before the institution of the suit, he would have readily paid the amount. In fact, he did not seriously contest his liability to pay the amount. However, the appellant ra
















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