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1987 Supreme(Ker) 483

T.KOCHU THOMMEN, RADHAKRISHNA MENON
BALAKRISHNAN – Appellant
Versus
BHASKARAN – Respondent


Judgment :-

1. The judgment debtor is the revision petitioner. Respondent is the decree holder. The suit was one for redemption and recovery of possession of the plaint schedule properties with mesne profits. The suit was decreed on 15th day of July, 1980. The decree reads:

"That it is hereby declared that the amount due to the defendant on the mortgage mentioned in the plaint calculated upto the 4th day of October, 1978 is the sum of Rs. 3000/

That the mortgage amount having been deposited in court on 20-6-1978.

That the suit be and the same is hereby decreed for redemption and recovery of possession and the defendant do surrender possession of the plaint schedule property on or before 14-9-1980 with mesne profits at the rate of Rs. 450/- per year from 20-6-1978 till delivery of possession of the plaint schedule property to the plaintiff.

And that the defendant do pay the plaintiff interest at the sate of 6 per cent per annum on the arrears of mesne profits"

2. Essential facts relevant for the disposal of the issues arising in the revision petition, lie in a narrow compass. During the pendency of the suit, the learned Munsiff referred the question, whether the petitioner is a kudikid









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