ITHAPPIRI MATHAI Vs. DEVI ANTHARJANAM

JUDGEMENT

(1.) This is an appeal against the judgment and decree of the District Munsiff of Muvattupuzha in OS 100 of 1118.

(2.) The Plaintiffs, two female members of a Namboodiri illom have brought the suit to set aside the decree and execution proceedings in OS 265 of 1103 of the Muvattupuzha Munsiff's Court and to recover possession of the properties sold and delivered over to the 1st defendant in execution of the decree with past and future mesne profits. The plaintiffs alleged that the debt bond which was the basis of the suit in OS 265 of 1103 is not supported by consideration and illom necessity, that the decree was not validly obtained against the illom and that the execution proceedings are fraudulent and invalid. The 1st defendant denied the allegations in the plaint and contended that the decree and execution proceedings are binding on the illom. The Trial Court held that the debt bond is supported by consideration and necessity. But it found that the decree in OS 265 of 1103 was not validly obtained against the illom and that it is enforcible only against defendants 2 and 3 in that suit and the assets of the deceased Nilacantan Namboodiri. It was held that the proceedings in execution are also invalid. Therefore the learned Munsiff set aside the decree and execution proceedings as against the illom and allowed the plaintiffs to recover possession of the properties on behalf of the illom with past and future mesne profits. The legal representatives of the 1st defendant have preferred this appeal against the above decree. The plaintiffs have filed a memorandum of objections to the findings recorded against them.

(3.) The learned Advocate for the respondents does not seriously object and we think rightly to the findings of the learned Munsiff that the bond which formed the basis of the decree in OS 265 of 1103 is supported by consideration and necessity. That finding is therefore confirmed.