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1963 Supreme(Ker) 133

M.S.MENON, M.MADHAVAN NAIR, K.K.MATHEW
AMMUKUTTY AMMA MALATHY AMMA – Appellant
Versus
VARU JOS – Respondent


Judgment :-

1. This appeal has been referred to the Full Bench on account of a supposed conflict between the dicta in 1962 KLT. 848 and AIR. 1954 SC. 349. The plaintiffs are the appellants. The suit was to recover possession of the plaint A schedule properties and for other reliefs. The plaint A schedule properties belonged to the tarwad of the plaintiffs and defendants 11 to 16. On the 4th Makaram 1104 the tarwad executed a mortgage in respect of these properties to the father of the 17th defendant. On the basis of that mortgage the 17th defendant obtained a decree in O. S.67/1107 on the file of the District Court, Trichur. The father of defendant 1 to 4, one Varu, took an assignment of that decree and executed it. The properties were brought to sale and purchased by Varu after obtaining the permission of the court for Rs. 7,200/-, and he took delivery of the same in execution in the year 1113 M. E. The decree and the execution proceedings were challenged in the plaint as not binding on the plaintiffs or their tarwad. Several allegations attacking the validity of the decree were made in the plaint, but it is not necessary to go into those details, as the question in this appeal tu























































































































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