M.S.MENON, T.K.JOSEPH
PAULOSE VARGHESE – Appellant
Versus
BALAGANGADARA THILAK – Respondent
1. The suit in which this appeal has been brought was one for a declaration that the sale in execution of the decree in O. S. No 919 of 1111 or the District Munsiff's court of Irinjalakuda was void and for recovery of possession of the property on payment of the mortgage money, for the realisation of which the said decree was obtained. The immovable property which forms the subject-matter of the suit belonged to one Velayudhan Nair who executed a simple mortgage for Rs. 1000 in favour of the first defendant. The latter sued in 0. S. No. 919 of 1111 for recovery or the mortgage money and obtained a decree. Velayudhan Nair applied for scaling down the debt under the Cochin Agriculturists Relief Act and the application was allowed. The decree-holder preferred an appeal and while the same was pending in the District Court, Velayudan Nair died. His wife Karthiayini Amma and his children [plaintiffs 1 to 4 and deceased Radhakrisnan] were impleaded as his legal representatives. After the decision of the appeal the first defendant applied for execution in 1117 and the property was sold on 114 1118. The second defendant purchased the property in court sale and by successive tran
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