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1977 Supreme(Ker) 82

T.CHANDRASEKHARA MENON, GOPALAN NAMBIYAR, GEORGE VADAKKEL
LAKSHMI PILLA SUBHADRA AMMA – Appellant
Versus
EASWARA PILLAI VELAYUDHAN PILLAI – Respondent


Judgment :-

The two Second Appeals and the Civil Miscellaneous Appeal raise certain questions in regard to the applicability of the provisions of S.4A of Act I of 1964 and the right of a redeeming co-mortgagor to tack on the prior possession of the mortgage redeemed by him in order to satisfy the length of possession required by S.4A to claim fixity of tenure. The matter has come up before the Full Bench as it was felt that there was some conflict of judicial opinion between the decisions in Bhaskara Menon v. Madhavan (1975 KLT 38) and Lakshmi Pillai v Chellappan Pillai (1966 KLT 833). When the cases were posted together on 21-3-77, CM.A No. 98 of 1975 was adjourned to explore the prospects of a compromise; but as this did not materialise, the C.M.A was heard on the 29th March, after arguments in the other cases were concluded We are dealing with these in a common judgment. We shall proceed to deal with the cases in relation to their facts:

S. A. No. 151 of 1973

This is an appeal by the two unsuccessful plaintiffs in a suit for redemption of the plaint B schedule property which is the southern half of the A schedule properly. The entire property belonged to the Manjavilakathu Tarwad.







































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