Kerala Court February 1963 Judgments
Pundoor Radhakrishna Punchithaya and ors. Vs. H. Sanjeeva Rao and ors.
Court: Kerala
Decided on: Feb-15-1963
Reported in: AIR1963Ker348
Joseph, J. 1. This appeal which is from the decree in a suit for money under a simple mortgage relates only to the question of costs. The appellants who were defendants in the suit contended that the court below erred in allowing the plaintiff bis costs and disallowing the costs of the defendants. The contention is based on section 3 (2) of the Kerala Agriculturists Debt Relief Act, 31 of 1958, as amended by Act 2 of 1961. Act 31 of 1958 came into force on 14-7-1958 and the suit was filed on 11-11-1958, i. e., before the expiry of six months from the commencement of the Act. Section 3 (2) provides :'Where a creditor files a suit for recovery of a debt before the expiry of six months from the commencement of this Act or after the agriculturist has paid or deposited the sums and instalments specified in section 4 and, during the period when he is so entitled to pay, the Court shall in decreeing the suit direct the plaintiff to bear his own costs and to pay the costs of the defendant who ...
Tag this Judgment!Devaru Vasudevaru Vs. Raman Pillai Neelakanta Pillai and anr.
Court: Kerala
Decided on: Feb-14-1963
Reported in: AIR1963Ker217
M. Madhavan Nair, J.1. This appeal has arisen in a suit for setting aside a decree and for consequential avoidance of the execution proceedings that followed it. For arrears of michavaram due for the same period the defendant had Instituted two suits against the 2nd plaintiff on 19-5-1110 which were registered as O. S. Nos. 1461 and 1538 on the file of the Munsif, Kottarakara. The plaint in O. S. No. 1461 is Ext. E, and the decree thereon dated 14-3-1111 is Ext. H. The plaint in O. S. No. 1538 is Ext. D, and the decree thereon dated 21-12-1111 is Ext. G. On 20-3-1115 the decree-holder executed a receipt, Ext. C, acknowledging satisfaction of the first decree, Ext. H. He executed the later decree in O. S. No. 1538, and purchased the property in court-sale on 13-8-1124, confirmed on 3-10-1125. When delivery of possession was sought, the 1st plaintiff, who in the meanwhile had purchased the property from the 2nd-plaintiff, resisted but was overruled by the Appellate Judge by the order Ext...
Tag this Judgment!Velayudhan Nair Gopalan Nair Vs. Ayyappan Pillai Madhavan Pillai and o ...
Court: Kerala
Decided on: Feb-12-1963
Reported in: AIR1964Ker153
S. Velu Pillai, J. 1. The suit was to declare the right of the plaintiff who is the appellant, in respect of-two trees which he had purchased from the 3rd defendant, and to allow him to cut and remove them, and in the alternative, and if the above prayer cannot be granted, to direct the 3rd defendant to refund the sum of Rs. 100 which he paid as the price of the trees. On the contentions of the first defendant repudiating the right to the trees the first court denied the former relief and allowed the latter. The appeal preferred by the plaintiff was dismissed by the Additional District Judge as incompetent, on the ground that the plaintiff had been granted the alternative relief. 2. I am clear that the view of the Judge is wrong and unsupportable. The plaintiff was aggrieved by the primary relief of declaration of his right to the trees being denied to him, and the fact that he was given the alternative relief is no compensation if he is entitled to the other. If the decision of the fi...
Tag this Judgment!Chacko Mathai Vs. State of Kerala
Court: Kerala
Decided on: Feb-08-1963
Reported in: AIR1964Ker222; 1964CriLJ297
Anna Chandy, J. 1. The appellant Mathai was convicted under section 304 I. P. C. and sentenced to rigorous imprisonment for a term of seven years by the Additional Sessions Judge, Kottayam for having caused the death of one Yohannan by stabbing him at about 6-45 p. m. on 19th June 1962. 2. The prosecution case is that the accused feeling bitter and vengeful towards Yohannan as a result of the quarrel between them over the price of the hide of a cow and also a criminal case between them happened to meet Yohannan at about 6.30 p. m. on 19th June 1962 on the footpath lying near the house of P. W. 3 Scaria when the accused attacked Yohannan, stabbing him a number of times with a malappuram knife M O 2. Yohannan's cries attracted Elias P. W. 1 Mathai P. W. 2, Scaria P. W. 3 and several others to the scene. The first to arrive was P. W. 1 who saw the accused sitting on Yohannan's chest and stabbing him. When P. W. 1 tried to intervene the accused stood up and aimed two stabs at him which wer...
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