MADHAVAN MONY Vs. C SARASAMMA AMMA

JUDGEMENT

(1.) The defendant in O. S. No. 750/1984 on the file of the Munsiffs Court. Quilon is the appellant. The decree and judgment passed by the District' Court', Quilon dated 27-9-1989 in A. S.' No. 134/ 1987 reversing the decree and judgment passed by the Trial Court is under challenge.

(2.) The respondents filed the suit against the appellant for realisation of Rs. 7000/- with interest as per a pronote executed by him in favour of late Achuthan Pillai, the husband of the 1st respondent and father of the other respondents. The Trial Court though found that the appellant is liable to pay the amount claimed in the suit, dismissed the same on the ground that as the respondents who are the legal heirs of deceased Achuthan Pillai failed to produce succession certificate in the suit, the above suit is not maintainable.

(3.) The respondents produced succession certificate before the appellate Court in the appeal preferred by them against the decree and judgment passed by the Trial Court. In view of the production of the succession certificate in the appeal, the lower appellate Court found that there is no reason to dismiss the suit and the respondents are entitled to a decree as prayed for. Hence the lower appellate Court decreed the suit in favour of the respondents.