NAIR SERVICE SOCIETY Vs. KRISHNA PILLAI KUNJUKRISHNA PILLAI
LAWS(KER)-1963-11-30
HIGH COURT OF KERALA
Decided on November 21,1963

NAIR SERVICE SOCIETY Appellant
VERSUS
KRISHNA PILLAI KUNJUKRISHNA PILLAI Respondents


Referred Judgements :-

ABDUL AZIZ V. MASUM ALI [REFERRED TO]
DISTRICT BOARD OF RAMNAD V. MAHOMED IBRAHIM SAHIB [REFERRED TO]
MAHARAJA PERUMAL MUDALIAR VS. SENDANATHA MUDALIAR [REFERRED TO]


JUDGEMENT

- (1.)This is an appeal by the plaintiff - the Nair Service Society - against the decision of the District Court of Quilon in O. S. No. 156 of 1953. The suit was for a subscription of Rs. 10,000/- alleged to have been promised by the 1st defendant to the Society for the starting of a first grade college in central Travancore. The 1st defendant died during the course of the trial and his legal representatives were brought on record as defendants 2 to 10 by the order dated 26-11-1957 on C. M. P. No. 1912 of 1957.
(2.)All the issues in the case except issue No. 2 - Is the suit barred by limitation - were decided in favour of the Society. On that issue the conclusion of the court below was that the suit was barred by limitation and in the light of that conclusion the suit was dismissed with the direction that the parties should bear their respective costs.
(3.)We are in entire agreement with the court below in its conclusion that the 1st defendant did promise a sum of Rs. 10,000/- for the starting of a first grade college in central Travancore and that the N.S.S. Hindu College at Changanacherry was started on the strength of that promise and of similar promises by other persons. The 1st defendant had divergent contentions for exonerating himself from the liability: first that he never promised; and secondly that his promise was conditional on the college being started in Quilon. We entertain no doubt that the lower court was right in rejecting both these contentions on the evidence on record.
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