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1976 Supreme(Ker) 83

G.VISWANATHA.IYER
SUBRAMONIA IYER – Appellant
Versus
PACHI AMMA LEKSHMIKUTTY AMMA – Respondent


Judgment :-

1. This second appeal is by the 1st defendant in a suit for partition and redemption. The property belonged to one Ananthakrishna Iyer. The property is 9 cents of land with a residential building, a shop building and a well and is situated in a street called 'Brahmin Street', Attingal. Ananthakrishna Iyer mortgaged the property under Ext. P1 dated 8121092 to one Pichu Iyer. Subsequently the rights of Pichu Iyer were taken assignment of by one Harihara Iyer, son of the mortgagor Ananthakrishna Iyer. Ananthakrishna Iyer executed a purakadom, Ext. P2 dated 2-5-1106 also to this Harihara Iyer. Subsequently Ananthakrishna Iyer died and his rights over the equity of redemption devolved on his lour sons, namely, his mortgagee Harihara Iyer, one Sivaramakrishna Iyer, Padmanabha Iyer and Ananthanarayana Iyer. Harihara Iyer assigned his mortgage rights as well as his share in the equity of redemption to one Parvathy Ammal, wife of the 2nd defendant and mother of 1st defendant. The rights of the three other sons of Ananthakrishna Iyer were sold in court auction and the auction purchaser sold his rights to the plaintiff under Ext. P5 dated 27-3-1967. The present suit is filed by th








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