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1959 Supreme(Ker) 269

S.VELU PILLAI
District Collector, Kozhikode – Appellant
Versus
Kerala Varma Kovil Thampuran – Respondent


Judgment :-

1. C. M. P. 2393 of 1959 is a petition by the Government Pleader for the transfer of three suits, O.S. 17 of 1959 pending in the Ernakulam Munsiff's court, O.S. 67 of 1959 pending in the Haripad Munsiff's Court, and O. S.101 of 1959 pending in the Kottayam Munsiff's Court, to the Trivandrum Munsiff's Court where a fourth suit O.S. 105 of 1957 is pending. These four suits were instituted by four different plaintiffs, to enforce the claim made by each of them, for reward under S.13 of the Pension Act, 23 of 1871, alleging that each has proved to the satisfaction of the appropriate Government, that two specified parties had been fraudulently and unduly receiving pension to which they were not entitled. The State of Kerala is a common defendant in all the suits and in the suits in the Ernakulam, Haripad and Kottayam Munsiffs' Courts, the Union of India and the District Collector, Kozhikode are also parties. The recipients of the pension are defendants 2 and 3 in the suit in the Trivandrum Munsiff's Court which is the earliest suit. The plaintiff in each suit alleged, that he had filed a petition to the appropriate Government, giving details of the fraudulent receipt of the



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