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1950 Supreme(Ker) 59

KOSHI, GANGADHARA MENON
Sivarama Pillai – Appellant
Versus
Aundy Pillai – Respondent


Judgment :-

1. These appeals arise from the third preliminary decree passed in an administration suit (O.S. No. 18 of 1112) on the file of the Parur District Court. The present decree was passed on 27.9.1946, the two earlier preliminary decrees having been passed respectively on 13.1.1941 and 10.1.1945. Issue No. 7 raised for trail is the issue now dealt with. It reads whether any amounts are payable by defendants 1, 2 and 7 to the estate of the deceased as damages or as amounts collected by them during the period of their management"? The Court found that there was no proof on the side of the Plaintiff to establish the liability of these defendants except for an amount of Rs. 2,800 for which Defendant 7 alone has been made liable. The plaintiffs have preferred A.S. No. 650 against this decision and claim that in addition to the amount of Rs. 2800 for which defendant 7 has been made liable defendants 1, 2 and 7 ought to have been made liable for all outstandings due to Chidambarom Pillai when he died, for the profits of the business conducted after his death, for the rents and profits of his immovable properties till the date the administrator appointed by the Court to manage the e







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