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1959 Supreme(Ker) 328

VAIDIALINGAM
Sebastian George – Appellant
Versus
Velayudhan Narayana Pillai – Respondent


Judgment :-

1. The question that arises in this Second Appeal filed at the instance of the third defendant, is as to the nature of the rights in the property taken by a Christian widow, under the provisions of the Travancore Christian Succession Act - Act 11/1092.

2. The suit properties belonged to one Sebastian, husband of the first defendant, and father of defendants 2 to 5. After the death of Sebastian, the first defendant executed a promissory-note in favour of one Eliswa and the latter endorsed the promissory-note in favour of the present plaintiff. The latter instituted O.S. 245/1114 District Munsiff's Court, Parur, against the first defendant and her children for recovery of the amounts due under the promissory-note executed by the first defendant. It is seen that ultimately the plaintiff herein, obtained a decree only as against the first defendant in O.S. 245/ 1114. The present plaintiff also appears to have obtained an attachment before judgment of the properties and proceeded to execute his decree in O.S. 245/1114 and sold in court auction the 1/5 share of the first defendant in the suit properties on 28-1-1124 and he became also the purchaser of that share. Attempts were




























































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