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1960 Supreme(Ker) 73

P.GOVINDA MENON, SANKARAN
Narayanan Nambooripad – Appellant
Versus
Gopalan Nair – Respondent


Judgment :-

1. This appeal is filed by the plaintiffs and it arises out of a suit commenced by the plaintiffs through their next friend for a declaration that the compromise decree passed in O.S. 21/1124 of the Anjikaimal District Court is invalid and not binding on the plaintiffs and their Illom and for ancillary reliefs.

2. Plaintiffs 1 to 6 and defendants 3 to 7 are the members of an undivided Namboodiri illom known as Cheruvally Swaroopam of which 3rd defendant is the karnavan. The 3rd defendant is said to be illiterate, dull headed and incapable of management and the 4th defendant was therefore managing the illom affairs under an udampady Ext. P1. The illom owned considerable properties in the Cochin area of the former TC. State. While the fourth defendant was in management the 1st defendant was appointed as the manager to look after the illom properties under an unregistered karar Ext. P20 dated 4th Edavam 1123. The 1st defendant took over the management on 8th Edavam 1123. The karar had provided that he should not incur any debts and that he should collect pattom, michavarom, Jenmikaram etc., and discharge the debts. Subsequently, a registered karar Ext. P15 to the same effec































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