Court : Supreme Court of India
Decided on : May-26-1970
Reported in : (1971)3SCC974; 1SCR629
s.m. sikri, j.1. this appeal by certificate granted by the high court of kerala is directed against its judgment and decree reversing the judgment and decree of the trial court and dismissing the suit of the original plaintiff, appellant before us. the relevant facts for determining the points raised before us by mr. chagla. learned counsel for the appellant, are as follows.2. on december 5, 1931, the plaintiff executed a hypothecation bond in favour of the travancore government in respect of a loan of rs. 6,000/-. on december 12.1931. another bond was executed in respect of a further loan of rs. 4.400/-. on may 28, 1932, the plaintiff executed another hypothecation bond in favour of the father of neelakama iyer subramonia iyer respondent before us. in the government gazettes dated february 21. 1939, and april 25, 1939, under paragraph 6 reference is made to the arrears of rs. 4,193 chs. 19 ca. 9 plus interest under the special loan to be paid by luka mathai of pallithanathu, kottayam taluk, and the sale of 97 acres of nilam comprised in survey 545/32-11/1 and 14 cents of purayidam comprised in survey 532/3.3. a notice was issued to the plaintiff in march or april 1939 (27-8-1114 m.e.) that as he had to repay rs. 4,193 chs. 19 ca. 9 under the special loan plus the execution costs and the interest thereon 'it-is hereby made known that 107 acres 84 cents of properties belonging to you and comprised in survey numbers 545/ 32-11/1, 481/3, 481/4a, 481-/4c etc. of pulinkunnu .....Tag this Judgment!