High CourtsDivision Bench(1959) 06 KL CK 0007

Varki vs Miss Thomas and Another

High Court Of Kerala · Decided on 11 June 1959 · Citation: (1959) KLJ 852

HON’BLE JUDGES
K. Sankaran, C.J · C. A. Vaidialingam, J
RESULT
Dismissed
CASE NUMBER
A. S. No. 169 of 1959

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Judgment

2 paragraphs · 200 words

Sankaran C. J

1.

We are not satisfied that there is any merit in this appeal. The decree in the suit was passed on the strength of a claim based on the provision in Ext. A Will, which plaintiff''s father had executed in favour of the defendants. It was provided in the Will that a sum of Rs. 3,000/- should be paid to the plaintiff towards her streedhanam mainly and also towards some more amount which the father intended to give her. A reading of the provision makes it clear that the defendants were made trustees of this amount which was payable after the expiry of a specified period. The defendants defaulted to make the payment and hence the suit was instituted by the plaintiff. It is clear that the claim was for the amount due to her on account of the breach of trust committed by the defendants. Such a debt comes under clause 3 of S. 2 (c) of Act XXXI of 1958. It is a debt exempted from the operation of that Act. The lower court''s view to that effect is correct and calls for no interference in this Appeal. Accordingly this appeal is dismissed with costs.