LUKA MATHAI Vs. NEELAKANTA IYER SUBRAMONIA IYER

JUDGEMENT

(1.) This appeal by certificate granted by the High court of Kerala is directed against its judgment and decree reversing the judgment and decree of the Trial court and dismissing the suit of the original plaintiff, appellant before us. The relevant facts for determining the points raised before us by Mr. Chagla, learned counsel for the appellant, are as follows.

(2.) On 5/12/1931, the plaintiff executed a bypothecation bond in favour of the Travancore government in respect of a loan of Rs. 6,000. 00 On 12/12/1931, another bond was executed in respect of a further loan of Rs. 4,400. 00. On 28/05/1938, the plaintiff executed another hypothecation bond in favour of the father of Neelakanta Iyer Subramonia Iyer,respondent before us. In the government Gazettes, dated 21/02/1939, and 25/04/1939, under Paragraph 6 reference is made to the arrears of Rs. 4,193 chs. 19 cs. 9 plus interest under the special loan to be paid by Luka Mathai of Pallithanathu, Kottayam Taluk, and the sale of 97 acres of nilam comprised in survey No. 545/32-11/1 and 14 cents of puravidam comprised in survey No. 532/3.

(3.) A notice was issued to the plaintiff in March or April, 1939 (27-8-1114 M. E. ) that as he had to repay Rs. 4,193. 00 chs. 10 ca. 9 under the special loan plus the execution costs and the interest therein "it is hereby made known that 107 acres 84 cents of properties belonging to you and comprised in survey Nos. 545/32-11/1, 481/3, 481/44, 481/40 etc. of Pulinkunnu Pakuthy and which were attached will be sold in auction On 27th Madam, 114". On 10/05/1939, the revenue auction took place and the respondent purchased the properties in dispute for Rs. 4,510. 00. The plaintiff presented a petition (Ext. M) to the Division Peshkar against the revenue sale. In this petition it was stated as follows :