- (1.) These are two cross appeals against the decree passed by the high court of Kerala in appeal from a decree in a suit for enforcing a hypothecation bond.
(2.) C. George and his two brothers were carrying on business in "hill produce" in the name and style of "k. E. S. Sons". The Indian Insurance and Banking Corporation Ltd. hereinafter called "the Bank"-advances loans under a "loan agreement" to K. E. S. Sons on the security of goods of that firm. The Bank threatened to take proceedings against C. George on the allegation that he had clandestinely removed certain goods pledged with the Bank. In order to secure the amount due to the Bank, on 10/05/1948, a deed of hypothecation was executed for Rs. 42,813. 00 by C. George and Mani Paravathu and Mariyamma respectively father-in-law and wife of C. George. It is common ground that this deed was by way of an additional security for the amount due under the loan account.
(3.) The Bank commenced an action in the court of the Subordinate judge, Parur, for recovery of the amount due under the hypothecation bond from the three executanis. The Trial court decreed the claim for rs. 39,704/3/9 and interest at the rate of 9% from the date of the suit. Against that decree Mani Paravathu and Mariyamma appealed to the High court of Kerala. In appeal, the High court reduced the decretal amount to rs. 33, 529. 00 and awarded interest at the rate of 6% on the amount decreed. Against the decree of the High court, two appeals have been filed in this court with certificate.;