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1961 Supreme(Ker) 124

M.MADHAVAN NAIR, T.C.RAGHAVAN, MOHAMMED AHMED ANSARI
Thanu Ittiachen – Appellant
Versus
Mundi – Respondent


Judgment :-

1. The plaintiff is the appellant in both the appeals, and had, on 10-6-1121, demised the plaint A schedule items for a year to the first defendant. The lease, Ext. A, is a registered deed; and thereunder the lessee had stipulated an annual pattom of 190 paras of paddy, payable in Kanni and Makaram. The lessee had further offered the plaint B schedule property, which belongs to the lessee, as security for the due payment of the pattom. This part of Ext. A is important, and the following is the relevant extract from the translation furnished to us by the parties' learned advocates:

11 ..............the pattom is kept in arrears, the same will be paid with interest according to law, and the properties will be kept and taken Care of by me without any damage to the survey stones and the boundaries. For the arrears of pattom and interest thereon and for the expenses of realisation of the same, if any incurred, the property held by me as per kanara document No. 1515/1101 and mortgaged by me to Krishnan Thampi for Rs. 2000/-, and described as item 5 in the schedule here below, is hypothecated subject to the said mortgage for Rs. 200/-, and you can, therefore, realise, the arre












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