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2007 Supreme(Ker) 209

M.SASIDHARAN NAMBIAR
Abubaker – Appellant
Versus
Kadija Ummal – Respondent


Judgment :-

What is the legal effect of a co-mortgagor redeeming the mortgage, on the right of a non-redeeming co-mortgagor? This is the question to be decided in the second appeal.

2. Plaintiffs in a suit for redemption and partition before Munsiff Court, Thiruvananthapuram are the appellants. Defendant is the respondent. In the suit, appellants sought partition and allotment of 4/14 shares by metes and bounds after redemption of Ext.A3 mortgage schedule dated 18-2-1097(M.E.) over that portion of the plaint schedule property. Plaint schedule property is 21 cents in survey No.447-A of Irammuttom village of Thiruvananthapuram Taluk. The property admittedly originally belonged to Shalha Ummal and her daughter Aisha Ummal under Ext.A2 sale deed dated 18-2-1097 (M.E.). It was on the date of the sale deed itself, Shalha Ummal and Aisha Ummal jointly executed Ext.A3 registered mortgage deed after receiving the mortgage money of Rs.1250/- from Captain Mohammed Mohammadeeyan Sahib. Shalha Ummal had, apart from Aisha Ummal, two daughters Pathumma and Saina Beevi and three sons Mohammed Kasim Pillai, Meeran Pillai and Aboobaker. On the death of Shalha Ummal, her right devolved on her children













































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