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2012 Supreme(Ker) 911

HARUN-UL-RASHID
V. Vijayan, Senior Assistant in Telc, Angamaly, S/o. Aanamari Velandi – Appellant
Versus
Loka Matha Kuries (P) Ltd. – Respondent


Advocates Appeared:
For the Appellants : M.C. Sen, Sri. M.P. Sreekrishnan, Smt. Shahna Karthikeyan
For the Respondent: Sri. Shaji P. Chaly, Sri. Shiras Aliyar

JUDGMENT :

Harun-Ul-Rashid, J.

The defendants are the appellants. The appeal is directed against the judgment and decree dated 31.5.2005 in O.S.No.341/1990 on the file of the 1st Additional Sub Court, Thrissur. Suit was filed for realization of money due under chitty transaction. The court below decreed the suit with costs. It is declared that the plaintiff is entitled to realise Rs.53,280/- with interest for the principal sum of Rs.36,000/- at the rate of 12% interest from the date of suit till the date of decree and thereafter at the rate of 6% till realisation of the amount with cost from the defendants and their assets. The parties hereinafter are referred to as the plaintiff and defendants as arrayed in the suit.

2. The facts of the case are not in dispute. The plaintiff is a Kuri company. The Kuri was started on 8.10.1982 in which the 1st defendant subscribed the 44th ticket of that Kuri. The Kuri amount is payable by half yearly instalments of Rs.2,000/- in April and October. The Kuri was prized in favour of the 1st defendant. Defendants 1 to 5 executed 'kuri karar' on 4.11.1982 agreeing to pay the future subscriptions of 24 instalments from 8.4.1983 regularly and in default of












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