Kadiri Kanakkapillantapath … vs Kochipalli Hussain Kunhi Haji, …
The case involves an appeal on the matter of a debt liability of the Kochipalli Tarwad whose karnavan was engaged in trade with a member of a different tarwad. The karnavan left a verbal will ackowledging the debt and his preference for both parties to run the trade jointly. The verdict focussed on the contents of the will and the lack of any concrete indication that the business was on behalf of the tarwad and not a separate private business. Based on the evidence presented, the court treated the debt as a personal liality on account of being a separate not family trade undertaken by the karnavan.
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Kerala High Court