M.MADHAVAN NAIR
Thankamma – Appellant
Versus
Kunjulakshmi – Respondent
1. This appeal is by the plaintiff in a suit in redemption which has been allowed by the Munsiff, but disallowed by the Subordinate Judge.
2. The facts are thus: The suit property belongs to the thavazhi of plaintiff and defendants 6 to 13, governed by the Travancore Ezhava Act, 1100. It was outstanding on a mortgage with Mathevan Kochan who was the father of the 6th defendant. On his death the mortgage right was divided in moieties between his Makkathayam and Marumakkathayam heirs. By virtue of that partition and another that followed it, the mortgage right in respect of the eastern 321/2 cents of the suit property fell to the share of certain Ananthiravars of Mathevan Kochan charged for fanams 2925. Subsequent to the partition, the 6th defendant has mortgaged the western 33 cents of the suit property to Parvathi Kochu and others for fanams 3000 as per Ext. D3 dated 8-8-1108. Defendants 5 to 8-5th defendant is the husband of the 6th defendant and the father of the plaintiff and defendants 7 to 13 - had assigned the equity of redemption in the property to the 14th defendant as per Ext. P.1 dated 4-11-1118. The 14th defendant assigned it under Ext. D1 to defendants 1 to 4
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