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1971 Supreme(SC) 89

G.K.MITTER, A.N.RAY
Mangala Kunhimina Umma – Appellant
Versus
Puthlyaveettil Paru Amma – Respondent


Advocates:
A.S.NAMBIYAR, A.V.Velayudhan Nair, K.T.Harindernath, T.Narayanan Nambiar

Judgment

RAY, J.: - This is an appeal by special leave against the judgment dated 29 March, 1967 of the High Court of Kerala confirming the decree of the lower appellate Court declaring that the sum of Rs. 1000/- is due to defendants Nos. 10 to 17 as legal representatives of defendant No. 2 on the mortgage mentioned in the plaint and that the plaintiffs having deposited the said sum of Rs. 1000/- on the file of the Court of the Munsif, Cannanore, the defendants Nos. 10 to 17 do surrender quiet and peaceable possession of the property described in the plaint to the plaintiff No. 7 with all documents relating to the property in their possession and further that the defendants Nos.10 to 17 do pay to the plaintiff No. 7 half of the mesne profits from 22 December, 1953 till the date of surrender of possession.

2. The relevant documents are Ex. B-6 and Ex. A-1. Ex. B-6 is a kanam-kuzhikanam. Ex. A-1 is its counterpart. They are both dated 1 December, 1941. The transaction thereunder is a composite one, a kanam in respect of taks 1 to 3 of item 1 which constitute properties in suit and a kanam kuzhikanam in respect of tak 4 of item 1 and item 2 which are not the subject-matter of this suit.





























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