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1955 Supreme(Ker) 58

KUMARA PILLAI, JOSEPH VITHAYATHIL
Kunhi Pillai Thampatty – Appellant
Versus
Kunhikavu Thampan – Respondent


Judgment :-

1. Defendants 1, 2, 4, 7,8 and 9 are the appellants. The suit is for damages. The plaintiff is the karnavan of one of the thavazhies of the Koratty Swaroopam. The Swaroopam was partitioned under an award decree in C.S. No. 172 of 1101 on the file of the Anjikaimal District Court. Plaintiff's thavazhi is A4 thavazhi in that partition. Defendants 1 to 9 belong to B2 thavazhi. In the partition, a property known as 'Pulani Krishi' belonging to the Swaroopam was set apart to the share of B2 thavazhi with liability to discharge certain debts charged on it. One of the debts was due to Elayathampuran Kovilakom. That debt was not discharged by B2 thavazhi and the Kovilakom sued the Swaroopom in O.S. No. 34 of 1106 of the Anjikaimal District Court. Properties belonging to the other thavazhies of the Swaroopom including A4 thavazhi were also attached by the Kovilakom. The decree that was obtained in the case was assigned to Dr. Girijavallabha Menon and in execution of the decree he attached some more properties belonging to

the Swaroopom. Since B2 thavazhi was unable to discharge its liabilities the thavazhi appointed the 19th defendant in the case, Paliath Kochunni Achen, as its






















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