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1978 Supreme(Ker) 146

V.P.GOPALAN NAMBIYAR, T.CHANDRASEKHARA MENON
RAGHAVAN PILLAI – Appellant
Versus
VELAYUDHAN PILLAI – Respondent


Judgment :-

1. Considering the importance of the question of law involved, the learned Single Judge, before whom this second appeal came up for hearing, adjourned it to be heard by a Division Bench, which, in its turn, has referred it to Full Bench for an authoritative decision on the question as to whether, in the case of mortgage arising out of Travancore area before the Transfer of Property Act (Act 4 of 1882) was extended to that area, a superior mortgagee (melottidar) who redeemed the prior mortgage with the amount reserved with him for that specific purpose and in terms of the covenants in the mortgage deed in his favour, is entitled to get himself subrogated to the position of the prior mortgagee for the purpose of S.4A(1)(a), read with Explanation II to that sub-section, of the Kerala Land Reforms Act, Act 1 of 1964 as amended by Act 35 of 1969, hereinafter called the Act; and that is how the matter is now before us.

2. Facts are not in dispute, and are not required to be stated in detail for a decision of the question of law referred to us which virtually will dispose of the second appeal itself. The suit is one for recovery of possession of the plaint schedule properties,

















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