PYLI Vs. JACOB

JUDGEMENT

(1.) Defendants 1 and 2 are the appellants.

(2.) The facts necessary for purposes of this appeal may briefly be stated thus. The plaint property is a portion of O.S. No. 624/1A in Muvattupuzha Pakuthy. The entire area comprised in this survey number about 15 acres in extent originally belonged to one Komaru Thirumulpad. He sold the property to one Yoyakki and others in 1090. For balance of consideration under the sale deed the vendees executed a hypothecation bond of even date in favour of Thirumulpad for Rs. 6492 1/2. Thirumulpad died leaving a will by which he distributed the amount under the hypothecation bond in favour of various legatees.

(3.) Yoyakki and deceased Mathai Varkki father of the plaintiffs and the 4th defendant had made some joint acquisitions. There were also certain debts charged on the properties acquired which Yoyakki and Mathai Varkki had to pay in equal shares. When claims were made for the discharge of these debts Mathai Varkki had to pay amounts in excess of his share of the debts. Subsequently Yoyakki and Mathai Varkki partitioned their joint acquisitions under Ext. A partition deed dated 9.4.1093. A schedule items in Ext. A were allotted to Yoyakki and B schedule items therein were allotted to Mathai Varkki. Yoyakki agreed to discharge all the debts then subsisting on the properties partitioned. For the excess amount of Rs. 1351 that Mathai Varkki had already paid over and above his share of the debts and also as indemnity for any loss that Mathai Varkki may sustain on account of the failure of Yoyakki to discharge the debts agreed to be paid by him under Ext. A partition deed the plaint schedule property which was scheduled as C in Ext. A was given as security.