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1927 Supreme(Mad) 394

Ammalu Amma – Appellant
Versus
Narayanan Nair – Respondent


JUDGMENT

1. Themain question raised and argued in this second appeal is of some difficulty and altogether out of the common The suit from which the second appeal has arisen was instituted by respondent 1 as plaintiff for the purpose of recovering from the tarwad of which he. was also a member and all the other members of which were made parties defendants in the action, defendant 1 being the, karnavan for the time being, the debts alleged to be due by the tarwad to one Theyyassan Nair, the former karnavan. The debts are said to consist of 21 items The plaintiff claims to be entitled to recover those items on the ground of his having succeeded thereto under the will of Theyyassan Nair made in of about the year 1913 Theyyassan Nair died on 3rd October 1916, and the suit was instituted in or about September 1919. The learned Subordinate Judge in the trial Court practically held that the debts were not proved and further that the claim was barred by the law of limitation and dismissed the plaintiffs action. The learned Judge hi the lower appellate Court, reversing the judgment of the trial Court, has granted a decree in favour of the plaintiff 1. Some of the defendants have preferred th
















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