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1955 Supreme(Ker) 110

M.S.MENON, JOSEPH
Saradambal – Appellant
Versus
Ramabhadra Iyer – Respondent


Judgment :-

1. This is an appeal from an order passed by the Additional District Judge of Trivandrum, in an insolvency case. The appellant, claiming to be a creditor of the respondent, applied for adjudicating the respondent an insolvent. The petition was dismissed on the ground that the respondent was not a debtor of the appellant. The debt on which the petition was founded was alleged to have arisen in the following manner. The maternal grandfather of the appellant executed a Will Ext. A dated 30.11.1090 whereby he created an interest in favour of the appellant who was a minor on that date, to 3/ 7th share in a sum of Rs. 7000 deposited with a private firm of Bankers. Two sons of the testator as well as the parents of the respondent were appointed to administer the fund and to pay 3/7th of the same to the appellant when she attained the age of 18 years or gave birth to a child, whichever event happened earlier. The respondent's father died in Medom 1120 and the respondent is his only son. It was alleged that the respondent's father had failed to pay the amount to the appellant and that a sum exceeding Rs, 25,000 was due to her. The respondent sold a property which originally belo




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