ELAMMA Vs. FR JOSEPH ARANHANI OLIKKAN

JUDGEMENT

(1.) This second appeal is filed by the defendants 2, 3 and 5 to 11 in a suit for realisation of Rs. 11,057.27. Originally the suit was filed against the sole defendant, Rossa after whose death the other defendants were impleaded as her heirs.

(2.) The case of the plaintiffs is that the third defendant, son of Rossa owed the above said amount to plaintiffs 2 and 3, that there was a mediation talk and Rossa agreed to pay the amount to the first plaintiff before 30th May 1981. An agreement dated 16th November, 1980 was also executed by her to the above effect.

(3.) The contention of the original defendant was that no amount was due from her son George and she signed certain blank papers when she was told that her son would be taken to police station as an accused. There was no agreement signed by her knowing it to be an agreement to pay the amount to the first plaintiff or other plaintiffs. The supplemental defendants also contended in the same lines as contended by the original defendant.