P.GOVINDA NAIR, P.NARAYANA PILLAI, P.SUBRAMONIAN POTI
SELVI AMMAL – Appellant
Versus
JOSEPH GOMEZ – Respondent
1. In this appeal by the plaintiff from the concurrent decrees of the courts below dismissing a suit for redemption of the plaint property the main contention raised is that S.4A of the Kerala Land Reforms Act, 1963, was wrongly applied by the courts below in dismissing the suit. The property scheduled to the plaint, only 13 cents in extent and the building thereon, formed one item of a mortgage dated 6 81048 which comprised several items totalling nearly 2 acres in extent. The suit however was for redeeming only one item of the properties included in the mortgage. This item had been sub mortgaged on 1311 1963 (document not produced) by the first respondent, who became entitled to the mortgage rights, in favour of the second defendant in the suit. In this sub-mortgage it was stated that the mortgagor would retain the building in the property as well as one coconut tree and the rest will be enjoyed by the second defendant sub-mortgagee.
2. Two contentions have been raised by the appellant before us. The first was that the property comprised in the mortgage as well as that scheduled to the plaint was situate inside the city corporation limits of Trivandrum and therefore th
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