Kerala Court February 1946 Judgments

Raman Kunjukrishnan Vs. Raman Viswanathan and ors.

Court: Kerala

Reported in: AIR1964Ker314

S. Velu Pillai, J.1. This second appeal by the 15th defendant arises in a suit for declaration of title and possession. In a chitty which was conducted by the first defendant as foreman, one Janaki Amma the predecessor-in-interest of the plaintiff, and one Bhargavi the predecessor-in-interest of the defendants 11 to 14, were subscribers. Janaki Amma obtained Ext. P-2 decree against the first defendant for money due to her under the chitty, in execution purchased the property in schedule A which belonged to him on the 14th Makarom 1120, and assigned her rights to the first plaintiff, or the plaintiff shortly, who went into possession on the 31st Mithunam 1122. Bhargavi obtained Ext. P-9 decree against the first defendant for money due to her under the chitty, and in execution by Government for the court-fee payable, a portion of the property in Schedule A, specified as item 4 in Schedule B, was purchased by the 15th defendant who is the appellant here.The plaintiff's obstruction to the ...