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1974 Supreme(Ker) 161

P.SUBRAMONIAN POTI, P.JANAKI AMMA
BHASKARA MENON – Appellant
Versus
MADHAVAN – Respondent


Judgment :-

1. An interesting question is raised in this revision and that is whether a redeeming co-mortgagor is entitled to claim that in regard to that portion of the property to which title is in the other co-mortgagors he has stepped into the shoes of the mortgagee for all purposes so much so he could set up a plea that he is entitled as a mortgagee to claim the benefit of S 4A of Act 1 of 1964. The question arose in final decree proceedings in a redemption suit. An application for passing a final decree has been dismissed by the court below and that is the subject of revision.

2. The short and relevant facts are: The plaint schedule properties which belonged to Nedumbilli Tarwad of defendants 1 to 3 were set apart to the tavazhi of defendants 1 to 3 as also to the tavazhi of one Karthiyayani Amma. Distinct portions of the properties were so set apart to the two tavazhies. This was in the partition deed executed in the tarwad in the year 1096. At that time the properties were outstanding under a mortgage from the tarwad of the year 1081. The partition deed authorised redemption by the two tavazhies jointly or redemption of the entire property by anyone of the tavazhies In the l


















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