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1966 Supreme(Ker) 35

S.VELU PILLAI, T.S.KRISHNAMOORTHY IYER
Gomathy Ammal – Appellant
Versus
Padmavathi Amma – Respondent


Judgment :-

1. One Kochukunjamma executed a gift deed Ext. D-6 with respect to the suit property and to some of her other assets in favour of her brother's son, Parameswaran Pillai, in the year 1938, reserving the full proprietary interest and possession to hereself and stipulating that Parameswaran Pillai may enjoy the property absolutely after her. On the 8th March, 1946, Parameswaran Pillai sold the property by Ext. P-2

to one Krishna Pillai and his wife Madhavi Amma, reciting falsely as has now been found, that Kochukunjamma was no more and that he had become the full owner. The property was at the time outstanding on a mortgage with defendants 1 and 2, under Ext. P-1 dated the 6th September, 1943, executed by Kochukunjamma and by Parameswaran Pillai. It has been found and that finding has not been challenged, that Kochukunjamma died on the 14th October, 1946. Krishna Pillai and Madhavi Amma sold the property to the plaintiff under two sale deeds, Ext. P-4 dated the 2nd December and Ext. P-3 dated the 16th December, 1957. The plaintiff who is the appellant in this second appeal instituted the present suit for redemption of Ext. P-1. Despite Ext. P-2, Parameswaran Pillai had sol

























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