DAMODAR KILIKAR Vs. OOSMAN ABDUL GANI

JUDGEMENT

(1.) The plaintiffs in O. S. No. 38 of 1125 of the District Court of Anjikaimal, Ernakulam, are the appellants in A. S. No. 171 of 1956. The suit was for the recovery of the remuneration promised to their father, G. L. Kilikar, by Ext. B, a karar dated 17-11-1947. G. L. Kilikar died on 17-12-1948.

(2.) The karar was executed by Messrs. Oosman Abdul Gani, a partnership firm which was doing business at Mattancherry and is now represented by the Custodian of Evacuee Property. That firm had imported a consignment of 1,312 bags of chora valued at over Rs. 1,20,000/- in October 1947. The Customs Authorities took the view that the said import required a licence which had not been obtained and imposed a penalty of Rs. 60,000/-. The firm's attempts first to avoid the imposition of the penalty and then to obtain a refund, did not meet with success, and apparently as a last resort they approached G. L. Kilikar and sought his assistance. It is not disputed that if G. L. Kilikar could have recovered the amount promissed under Ext. B, that right will survive his death and enure to the benefit of the appellants.

(3.) The earliest document to which any reference need be made is Ext. J. dated 14-10-1947. That is a communication from the Assistant Collector of Central Excise, Cochin Division, Willingdon Island, to the effect that the request of Messrs. Oosman Abdul Gani for the clearance of 1,312 bags of chora will be permitted only on their depositing a penalty of Rs. 60,000/-. The amount was deposited and the consignment cleared.