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2005 Supreme(Ker) 478

V.RAMKUMAR
Bhavani Santhakumari – Appellant
Versus
Sahadevan Raveendran – Respondent


Judgment :-

Defendants 4 and 6 in O.S.No.1034/1984 on the file of the Addl. Munsiff’s Court, Neyyattinkara, are the appellants in this second appeal. The said suit was one for redemption of Exts.A2 and A3 mortgages in respect of the plaint C and D schedule properties and for putting up a boundary on the western side of the plaint D schedule property.

2. The case of the plaintiff can be summarized as follows:-

The plaintiff is the son of Sahadevan and Gouri Sarasamma. The plaint C schedule property admeasuring 10½ cents was allotted to Gouri Sarasamma, the mother of the plaintiff, as per a partition deed of the year 1123 M.E. corresponding to 1948. The plaint D schedule property, also admeasuring 10½ cents, was allotted to Govindan Sukumaran as per the said partition deed. The said Govindan Sukumaran mortgaged the plaint D schedule property to Gouri Sarasamma and her husband Sahadevan as per Ext.A1 mortgage deed dt.7.6.1951. Thus, the plaintiff’s parents were in possession and enjoyment of the plaint C and D schedule properties. As per Ext.A2 mortgage deed dt.11.4.1955, Gouri Sarasamma and her husband Sahadevan mortgaged the plaint C and D schedule properties to one Lakshmi Bhavani, t





























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