P.SUBRAMONIAN POTI
RAMAKRISHNA PANICKER – Appellant
Versus
KRISHNA PILLAI – Respondent
1. By Ex. P1 dated 13-4-1951 the defendant entered into an agreement with the mother of the plaintiffs for reconveying a property sold by the plaintiff's mother to the defendant by a previous deed, Ex. D2. Such sale under Ex. D2 was for Rs.750/-, and at the time when the defendant took the sale he was a mortgagee of the property having obtained such mortgage on 13-7-1122 for Rs. 500/-. There was an earlier mortgage in respect of the property of the year 1092 and the defendant on the strength of the mortgage dated 13 71122 taken by him, had filed a suit for redemption, O.S. No. 507 of 1123 of the Alleppey Munsiff's Court. It was during the pendency of that suit for redemption that he, the mortgagee obtained sale of the equity of redemption also from the mother of the plaintiffs under Ex. D2. In the agreement for re-conveyance executed on 13 41951 the defendant agreed that, within a month of his getting delivery of the property pursuant to the decree in O.S. 507 of 1123, he would convey the property to plaintiff's mother, the consideration for such conveyance being the mortgage amount of Rs. 500/- plus interest thereon from the date of the mortgage (there is a dispute as
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