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1953 Supreme(Ker) 68

KOSHI, SANKARAN, GOVINDA PILLAI
Kesava Pillai – Appellant
Versus
Jathavetharu Bhattathiri – Respondent


Judgment :-

1. In view of the importance of the question of limitation raised in this appeal the Division Bench before which the appeal first came up for hearing referred the case for decision by a Full Bench and accordingly it has come up for decision before this Full Bench. The facts relevant for the purpose of this appeal are the following: The trial court's decree was passed on 13-12-1109. The decree is a registered decree and under it the plaintiff has been allowed to recover the plaint items 1 to 4 from defendants 1 and 2 on depositing in court Rs. 681 Ch. 19 Cash 8 for payment to these defendants on account of the value of improvements effected on the properties. The first defendant has also been made liable for a sum of 2117/8 Fs. by way of arrears of pattom and interest. This amount has been directed to carry future interest at 6% per annum.

Title to plaint item 5 has been also declared in favour of the plaintiff and the 3rd defendant and the plaintiff have been allowed to recover this property also with mesne profits at the rate of 9871/2 fanams per year from the date of suit to the date of the decree and for a further period of 3 years or till date of recovery of the prop


















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