THOMA CHACKO Vs. KOSHI VARGHESE
HIGH COURT OF KERALA
Click here to view full judgement.
(1.) The plaintiff in O.S. No. 8 of 1119 of the District Court of Kottayam is the appellant before us. The suit was for a declaration of title and an injunction restraining the defendant from entering the plaint property. The suit was decreed by the Trial Court but was dismissed in appeal and the plaintiff was directed to pay the costs of the defendant. During the pendency of the suit the plaintiff was appointed receiver of the plaint property and functioned as such.
(2.) The defendant filed an execution application for costs and certain amounts stated to be due from the plaintiff in respect of the period of his receivership, and died thereafter. Two of his heirs put in a petition for being impleaded as additional defendants, 2 and 3, and prayed for permission to continue the execution. The plaintiff objected on various grounds to the impleading and the continuance of the execution and his objections were negatived by the Court below. The learned District Judge in the order under appeal said:-
the petitioners are permitted to come on record and continue the execution proceedings.
(3.) The only contention urged before us by the learned counsel for the appellant was that the lower court was wrong in not holding that a succession certificate was essential in view of S.214 of the Indian Succession Act, 1925, before the respondents could seek any relief before the court. The relevant portion of S.214 reads:-
(a) No court shall pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to be entitled to the effects of the deceased person or to any part thereof, or
(b) proceed, upon an application of a person claiming to be so entitled to execute against such a debtor a decree or order of the payment of his debt,
except on the production by the person so claiming of .......................
(iii) a succession certificate granted under Part X and having the debt specified therein.
(2) The word debt in sub-s.(1) includes any debt except rent, revenue or profits payable in respect of land used for agricultural purpose:.;
Copyright © Regent Computronics Pvt.Ltd.