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1999 Supreme(Ker) 322

P.K.BALASUBRAMANYAN, K.A.MOHAMMED SHAFI
Gopalakrishnan Nair – Appellant
Versus
Karthiyayani Nangeli Amma – Respondent


Judgment :-

P.K. Balasubramanyan, J.

S.A. 553 of 1986 is by the plaintiffs and S.A. 567 of 1986 is by defendant No. 2 in O.S.68 of 1979 on the file of the Munsiff s Court of Perumbavoor. The plaintiffs are the children of the Karthyayani Amma who died some time in the year 1959 or I960, after the coming into force of the Hindu Succession Act. The plaintiffs originally sued defendant No.1 for redemption of a mortgage dated 3.1.1958 executed by their mother in favour of defendant No. 1. On the plea of defendant No.1 that subsequent to the mortgage the equity of redemption also had been sold on behalf of the plaintiffs by their guardian to defendant No. 2, defendant No. 2 was also impleaded and an amendment sought challenging the alienation of the equity of redemption and seeking the setting aside of that document and for recovery of possession from defendant No. 2 also. Defendant No.1 resisted the suit essentially contending that the equity of redemption had been lost to the plaintiffs by the assigning of the same in favour of defendant No. 2 and hence the plaintiffs were not also pleaded that subsequent to the sale of equity of redemption in favour of defendant No. 2 defendant No.1 h
























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