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1960 Supreme(Ker) 267

P.GOVINDA MENON, ANNA CHANDY
Chandy Philippose – Appellant
Versus
Parvathi Amma – Respondent


Judgment :-

1. This appeal by special leave is by the plaintiff in a suit for redemption. The plaint property originally belonged to Vadasseril tarwad and was mortgaged on 3-4-1052 M.E. to one Narayanan with a term of twelve years as per Ext. P. A further charge was created on 23-3-1072 as per Ext. G, puravaipa with a term of eighteen years. On 16-5-1082 a superior mortgage Ext. A was executed by the tarwad in favour of the plaintiff's father, the rights under which later devolved on the plaintiff. The period under the superior mortgage was thirtysix years from the date of redemption of Exts. F and G. Though the period under Ext. G expired on 23-3-1090, the plaintiff sued for redemption only on 29-7-1120, that is, some thirty years after the expiry of the period. In the meanwhile the mortgagor tarwad sold the equity of redemption to one Govinda Pillai on 17-3-1104 who redeemed Exts. F and G on 25-9-1106. Govinda Pillai sold his rights to one Gopala Pillai who in turn transferred the same to the 4th defendant who is now in possession of the property. The contention of the 4th defendant is that since the plaintiff had slept over his rights for a period of thirty years and her predece













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