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1950 Supreme(Ker) 47

KUNHI RAMAN, SANKARAN
Velayudha Kurup Narayana Kurup – Appellant
Versus
Govinda Pillai Narayana Pillai – Respondent


Judgment :-

1. Defendants 6 and 7 are the appellants. The short point for determination in this second appeal is whether under the partition deed, Ext. A, which was executed by the members of the family of the plaintiff and defendants 1 to 5, a charge has been created over properties bearing survey numbers 58 and 62 which form the subject matter of this second Appeal. The facts may be briefly stated. In the partition deed, Ext. A, which was executed by the members of the tarwad of the plaintiff and defendants 1 to 5, it was expressly recited that there were two debts to be discharged. One was a decree debt under the decree in O.S. No. 120 of 1101. That was a suit filed by a member of the Bar, Mr. T.K. Velu Pillai, for fees due to him for conducting a tarwad suit, O.S. No. 29 of 1089. The plaintiff in the suit from which this second appeal arises had put forward a claim for Rs. 640 as the total amount expended by him out of his own separate funds in connection with this litigation. The other members of the tarwad had admitted the correctness of this amount due to the plaintiff. They had also induced Mr. T.K. Velu Pillai to give up a portion of the amount due to him under the decree









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