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1910 Supreme(Mad) 332

SANKARAN NAIR, KRISHNASWAMI AIYAR
K. Vishnu Nambudri – Appellant
Versus
M. C. Akkamma – Respondent


JUDGMENT

Sankaran-Nair, J.

1. The plaintiff sues to re- cover a debt contracted by the deceased Parameawaran Nambu-dri, a junior member of an illom, of which the first defendant is the head. His wife and child are also defendants. Parameswaran Nambudri was in possession of a piece of land belonging to the family and it is found that he built thereon a house worth Rs. 1,000 out of his own funds and also planted pepper vines on the land. It was conceded in the lower Courts that the house which was built by the deceased out of his own funds though on land belonging to the family was his self-acquisition and the point is not raised by the memorandum of second appeal. We accordingly accept that finding. As to the utensils, etc., worth Rs. 500 they are in the house left by the deceased and were admittedly the property of the deceased, The first question is whether the self-acquisition of Parameswaran devolved on the family to which he belonged or on his son, the fourth defendant. All the previous decisions were reviewed in Chemnauthat Attekunnath Lakshmiamma v. Palakuzhu Thuppan Nambudri I.L.R. (1902) Mad. 662 and the learned Judge therein arrived at the conclusion that; the question is no


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