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2000 Supreme(Ker) 677

D.SREEDEVI
Madhusoodanan Nair – Appellant
Versus
Kochunni – Respondent


JUDGMENT

D. Sreedevi, J.

1. This appeal is directed against the decree and judgment in A.S. No. 7/89 of the District Court, Thrissur, which was filed against the decree and judgment in O.S. No. 208/83 of the Munsiff's Court, Wadakkancherry. The official receiver appointed by the District Court, Palakkad for the administration of the estate of M.N. Venkitasubramania lyer and Sons and Narasimha Financing Company in insolvency proceedings in I.P. 3/76 and I.P. 4/76 is the appellant, who was the plaintiff in the trial court. Defendants 2 to 5 are the respondents.

2. The first defendant in the suit, who was the father of the other defendants/ respondents was a subscriber of a kuri conducted by M.N. Venkitasubramania Iyer & Sons. The kuri amount was Rs. 10,000/- having 50 tickets of Rs. 200/- each and to run for 50 months from 15.12.1972. The first defendant, who was a subscriber to one ticket, prized the kuri for Rs. 6,990/- at the 12th instalment held on 15.11.1973 and received the amount on 20.12.1973 under Ext. A1 receipt executed by the 1st and 2nd defendant. The letter of acknowledgement was executed by defendants 1 and 2 undertaking to pay 37 future instalments at the rate of Rs. 200




















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