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1965 Supreme(Ker) 92

S.VELU PILLAI
Abdulla Haji – Appellant
Versus
Ramakrishna Iyer – Respondent


Judgment :-

1. In a kuri started in the year 1089 by the tarwad of defendants 1 to 38, the 63rd defendant who was the predecessor-in-interest of the appellant, was a subscriber. He had prized half a ticket and had been paid the amount; with respect to 3/4 of a ticket which he held and prized in addition, he had to be paid the amount. He executed a security bond, Ext. XXII, under which the foreman settled its liability to him at Rs. 1375/-9 as - 8ps. It then leased item 2 of the properties in the suit by Ext. V in the year 1105, providing that out of its income, 2161/2 parahs of paddy may be appropriated by him annually towards interest on the amount so settled. The lease was renewed by Ext. VII in the year 1115, though the annual interest was reduced to 165 parahs of paddy. The 63rd defendant then sued in O.S. 32 of 1118 to enforce his claim for the principal, by the sale of item 2 and obtained decree Ext. X. The plaintiffs in the suit out of which this appeal arises, who are two other subscribers, filed O.S. 7 of 1118 for the administration of the assets of the kuri. By the preliminary decree in this suit, which was passed on the 18th Meenom,1125, it was provided, that those claim












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