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1974 Supreme(Ker) 57

V.P.GOPALAN NAMBIYAR, CHANDRASEKHARA MENON
AHAMMED – Appellant
Versus
MOIDEEN – Respondent


Judgment :-

S. A. No. 958 of 1966.

1. Judgment in the above Second Appeal was delivered by a Division Bench of this Court on 27th October, 1970. C.M.P. No. 4525 of 1974 was moved for review of judgment. This was allowed by us yesterday on the ground that the petitioner did not, and could not, earlier have an opportunity of urging his claim for relief under S.7 and 7B of the Kerala Land Reforms Act, Act I of 1964. It is this claim that has been urged before us at the re-hearing of the Second Appeal which was proceeded with yesterday, immediately after allowing the application for review.

2. The suit out of which the Second Appeal arises was one for redemption of a mortgage and recovery of possession. The 6th defendant in the suit is the appellant in the Second Appeal. The mortgage sought to be redeemed was Ext. B-1 dated 18 71946. By Ext. B-8 dated 10 81952 the Ist defendant assigned his mortgage right to the 3rd defendant. The 3rd defendant assigned his rights to the 5th defendant, whose legal representatives are defendants 7 to 9. By Ext. B-16 dated 3111952 the 3rd defendant leased the property to the 4th defendant. By that time the suit for redemption of Ext.B-1 mortgage had been i

















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