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1967 Supreme(Ker) 155

M.MADHAVAN NAIR
Balakrishnan – Appellant
Versus
Parameswaran Namboodiri Alias P. N. Kakkat – Respondent


Judgment :-

1. This appeal is in a suit to redeem a puisne mortgage, the kachit (counter-deed) whereof is Ext. A I dated 22nd July 1931, executed by the 1st defendant in favour of the plaintiff. The 1st defendant died pending the suit and is represented by defendants 2 to 4, defendants 2 and 3 being his sons, and defendant 4 the wife of defendant 2. The 5th defendant is his mother-in-law. By the written statement filed on 14th October 1950 the 1st defendant claimed immunity from eviction as a tenant under Ext. A I which he allowed to be a lease in substance, and in any view as holder of a kudiyiruppu on the suit property entitled and willing to purchase the rights of the landlord therein. That contention is continued by his legal representatives. The Courts below concurrently found the transaction under Ext. A I to be a mortgage and therefore redeemable. The Munsif held the defendants to be kudiyiruppu holders and therefore tenants entitled to immunity from eviction, and dismissed the suit; but on appeal by plaintiff, the Subordinate Judge held the defendants not to be kudiyiruppu holders entitled to fixity of tenure and decreed redemption on payment of Rs. 200/-as the mortgage amo


































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