MADHAVAN NAIR Vs. KUNCHU NAIR

JUDGEMENT

(1.) THE suit out of which this civil revision petition arises was for recovery of arrears of subscription payable by a prized subscriber in an unregistered kuri, which has been dismissed by the lower court on the ground that the kuri, being unregistered, was a void transaction and no suit for recovery of amounts due in respect of it was maintainable. Against the decree dismissing the suit the plaintiff has filed this civil revision petition. The case arises from the area included in the erstwhile Cochin State and is governed by the Cochin Kuries Act, VII of 1107. Section 5 of that Act provides:

(2.) THE plaintiff's counsel first relied upon section 43 of the Kuries Act and contended that in as much as the foreman has compounded the offence under section 5 the kuri transaction cannot be held to be void. Section 43 reads: