PALLIYIL CHUNDETHODIYIL KARNAVAN AND MANAGER NARAYANIAMMA S SON KRISHNA NAIR Vs. KIZHAKKE VELLAT KUNDU NAIR

JUDGEMENT

(1.) WE do not think that the principle of Section 55, sub Section 4 (b) of the Transfer of Property Act, can be applied to the case of an exchange like the present. The plaintiff, therefore, has no charge upon the property exchanged and the decree must be a decree for four hundred rupees to be recovered from the assets of Korukutti Nayar, the provisions for sale of specific property being struck out. WE modify the decree accordingly and direct each party to bear his own costs in this Court.