ANIZHAM NAL KERALA VARMA RAJA Vs. VASUDEVAN NAMBOORI

JUDGEMENT

(1.) THIS appeal arises out of proceedings in execution of the decree in O. S. 115 of 1113 on the file of the Kottayam District Court. The decree is one for money passed pursuant to a compromise against the members of a Kshatria family and the appellant who was impleaded as the legal representative of defendant 3 raised objections to the executability of the decree on three grounds. The lower court repelled all of them. Before us the appellant's learned counsel raised only one ground, namely, that the debt giving rise to the compromise decree was not one binding on the family. The lower court relied upon the Full Bench decision of the Travancore High Court reported in XXIX T. L. J. 707 to hold that as the decree was one passed in a suit conforming to the provisions of the Travancore Kshatria Act, it was not open to the appellant to question the validity of the decree. It also found that the debt was binding on the family. As the legal representative of the deceased 3rd defendant the appellant cannot be permitted to urge grounds to invalidate the decree which his predecessor-in-interest could not have raised. Defendant 3 in fact contested the suit and it was afterwards that the parties entered into a compromise and allowed a decree to be passed with generous terms to the defendants. However as a member of the family it might be open to the appellant to dispute the binding character of the decree, but in our opinion the more appropriate forum for it would be an original suit and not proceedings in execution of the decree. In taking this view we are only following the decision of the Travancore -Cochin High Court reported in Pravathi Bhavani v. Narayana Pillai (1952)7 D. L. R. Travancore -Cochin 281. The appeal is hence dismissed. No costs.