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2017 Supreme(Ker) 1134

P.R.RAMACHANDRA MENON, ANIL K.NARENDRAN
NAIR SERVICE SOCIETY – Appellant
Versus
JNANA ASHRAM – Respondent


Advocates Appeared:
For the Appellant :Sri. P.G. Parameswara Panicker (Sr. Advocate) and Sri. P. Gopal, Advocate,
For the Respondent:Sri. S.V. Balakrishna Iyer (Sr. Advocate), Sri. P.B. Krishnan, Sri. P.M. Neelakandan, Sri. P.B. Subramanyan and Sri. Sabu George, Advocates.

JUDGMENT :

RAMACHANDRA MENON, J.

1. This appeal arises from a suit filed by the respondent/plaintiff before the Sub Court, Thrissur, more than 3 decades ago. The suit was decreed on 03.08.1992 [except declining the relief in respect of a fixed deposit of Rs. 43,000/-], by granting the declaration as sought for, injunction and also direction for rendition of accounts in connection with the affairs of Sree Vyasa NSS College, Wadakkancherry.

2. The plaint was instituted, on behalf of a Trust [as claimed to be] known as 'Jnana Ashram Trust', contending that the conveyance effected as per Ext. A4 dated 06.12.1973 was an instance of 'fraud', having added/manipulated the word 'forever' in Ext.A4 registered Deed of Transfer, which was not there in Ext. A2 Draft agreement executed in the month of June, 1971 and hence that the bar of 'limitation' would not be attracted by virtue of Section 10 and Section 17 of the Limitation Act. The suit was decreed, despite the specific contentions in the written statement as to the 'locus standi' of the person who signed the plaint, to represent the Trust, and in spite of the lack of evidence as to the 'fraud' alleged and further, without properly adverting





































































































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