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Kerala Varma Valiya Rajah Vs. Shangaram - Court Judgment

LegalCrystal Citation
Decided On
Reported in(1893)ILR16Mad452
AppellantKerala Varma Valiya Rajah
Cases ReferredParan Singh v. Jawahir Sing. I.L.R.
limitation act - act xv of 1877, schedule ii, article 179--step in ala of execution--malabar law--the valiya rajah of a kovilagom sued as such--liability of kovilagom properties. - .....of the kovilagom.3. we dismiss the appeal. no costs, as respondent has not.....

1. The application of 23rd November 1886 for payment of money realized by attachment was in our opinion a step in aid of execution within the meaning of Article 179. This was the view taken in Venkatarayalu v. Narasimha I.L.R. 2 Mad. 174 and also Paran Singh v. Jawahir Sing. I.L.R. 6 All. 366

2. As to the objection that the decree against the late Valiya Rajah was only personal, and not binding as against the present Valiya Rajah or his kovilagom, it appears from the execution petition that the plaint described him as 'Valiya Rajah of Chirakal Kovilagom,' and the expression 'Valiya Raja' is the one by which the representative of a kovilagom is ordinarily known. The appellant has not produced either the decree or the judgment, nor has he pointed out to us anything in the record which shows that the Valiya Rajah did not sue as head of the kovilagom.

3. We dismiss the appeal. No costs, as respondent has not appeared.

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