KUTTIASSAN Vs. AHMED KUTTY

JUDGEMENT

(1.) 2nd defendant is the appellant. The suit was to recover Rs. 262-12-7 by way of contribution by sale of 3 out of 4 shares of the Kanom right belonging to defendants 1 and 2 and one deceased Kunhimachumma in plaint schedule property. Plaintiff owned one fourth share of the Kanom right in the property, and the rest belonged entirely to defendants 1 and 2 after the death of Kunhimachumma.

(2.) The Jenmi transferred his right to recover arrears of michavaram to a stranger and he filed a suit in O. S. 255 of 1945 for the same and obtained a decree. Plaintiff who was the 6th defendant in O. S. 255 1945 paid off the arrears and the present suit was instituted by the plaintiff to recover the amount paid by him in excess of his share of the joint liability under the decree.

(3.) The main contention of the 2nd defendant who alone contested the suit was that the suit was barred by limitation. On that plea the Trial Court dismissed the suit. The lower appellate Court held that the suit was not barred by limitation and decreed the suit. It is against this decree that the present appeal has been filed.