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1973 Supreme(Ker) 82

G.VISWANATHA.IYER, P.SUBRAMONIAN POTI
Abdulla Kunjipokkarukutty – Appellant
Versus
Ayyappan Ravunny – Respondent


Advocates:
T.L. Viswanatha Iyer, for Appellants; M/s. V. Sankara Menon and M.K. Narayana Menon, for Respondents.

Judgement

VISWANATHA IYER, J. :- Defendants 4 and 5 are the appellants. The suit was to set aside certain decrees and execution proceedings and to recover the plaint schedule property with mesne profits. Plaintiffs 1 to 3 and defendants 1 and 2 are members of an undivided Hindu Mitakshara family, 1st defendant is the Manager and the property belongs to the family. It was granted to the plaintiffs' family by the Paliyam in consideration for services to be rendered. 2nd defendant's deceased paternal uncle and the 2nd defendant renewed a promissory note on 14-7-1111 in favour of the 3rd defendant. 2nd defendant's father's brother and his brother renewed another promissory note in favour of the 3rd defendant. 3rd defendant filed two suits on these promissory notes in the Village Court and obtained decrees and in execution of these decrees the property was sold in court auction and purchased by him. He took delivery of the property in execution thereof and then assigned the property to the 5th defendant who is now in possession. 4th defendant is the husband of the 5th defendant. These promissory notes were impeached as not supported by consideration and family necessity and therefore not





















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