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1957 Supreme(Ker) 65

KUMARA PILLAI
Thomman Thressia – Appellant
Versus
Pothen Chacko – Respondent


Judgment :-

1. The only question for decision in this second appeal is whether the suit is barred by limitation or not. According to the plaint allegations, one Kumaran Nair had taken an assignment of a decree for redemption of certain mortgaged properties which were in the possession of the plaintiffs, the defendant and other persons, and as the plaintiffs desired to obtain from him a sale of the equity of redemption they entrusted a sum of Rs. 900/- to the defendant, who was an acquaintance of the said Kumaran Nair, for negotiating the sale. The defendant was to settle with Kumaran Nair the terms of the sale and pay to him as advance the amount entrusted, and at the time of the execution of the sale deed this advance was to be adjusted against the sale consideration payable by the plaintiffs and they were to pay only the balance sale consideration. Alleging that the defendant did not pay the amount to Kumaran Nair and obtain from him the sale for them in pursuance of the terms of the entrustment and they had therefore to take a sale deed after direct negotiations with Kumaran Nair and paying the full sale consideration, without getting any credit for the amount entrusted by them












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