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1999 Supreme(Ker) 18

S.SANKARASUBBAN
Kamalakshi Amma Thankamma – Appellant
Versus
Sicily Joseph – Respondent


Judgment :-

This C.R.P. is filed under S. 103 of the Kerala Land Reforms Act against the judgement in A.A No. 1049/77 on the file of the Appellate Authority (LR), Alleppey. According to petitioner, I acre of garden land comprised in survey No. 198/7 of Punnapra Village originally, belonged to the tarwad of the revision petitioner's husband. On 9-7-1078 M.E. the said land was mortgaged to one Ouseph Kochouseph for a consideration of Rs. 500/- and thousand Kallookadan paras of paddy for a term of ten years. The nomenclature of the deed is 'Otti'. The consideration was not received by the mortgagor. The mortgagee was directed to discharge a prior encumbrance on the land mortgaged with the money portion of the consideration reserved with him and to construct bunds and reclaim a portion of the mortgage property with the paddy portion of the consideration. A charge for the mortgage consideration was created on all the existing improvements on the mortgage property and the mortgagor undertook personally the liability for the consideration. The revision petitioner got the ownership of the property by gift deed dated 19-12-1957.

2.The mortgage right devolved on counter petitioners 2, 3 and 6








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