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1992 Supreme(Ker) 287

BALAKRISHNAN
Chuppan Nadar – Appellant
Versus
Sreedharan Thampi – Respondent


Judgment :-

An appeal filed by the respondent was dismissed by the court. Thereafter the appellant filed an interlocutory application for restoration of the appeal. That was also dismissed. Then the appellant filed a review application. That was allowed by the impugned order. That is challenged in this civil miscellaneous appeal.

2. Defendant is the appellant. Plaintiff filed the suit for redemption of mortgage and for recovery of possession. The appellant-defendant contended that the plaintiff has no right to redeem the property, as the appellant had fixity of tenure. The matter was referred to the Land Tribunal and the Tribunal found that the defendant was a tenant entitled to fixity of tenure: The suit was consequently dismissed. The plaintiff filed appeal before the lower appellate court challenging the dismissal of the suit. The defendant-respondent contended that the appeal was barred by time. The court below accepted this plea and dismissed the suit. The plaintiff had obtained a certified copy of the last paragraph of the judgment to enable him to file appeal, but he did not file any appeal. Later when he filed the appeal on the basis of the printed copy of the judgment and d





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