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1959 Supreme(Ker) 69

VARADARAJA IYENGAR
Raman Narayanan – Appellant
Versus
Chathunny – Respondent


Judgment :-

1. This Second Appeal is by the plaintiff whose suit for redemption after ignoring a prior decree and sale in execution following, of the equity, on ground of fraud has been dismissed concurrently by the courts below.

2. The plaint schedule garden land 2 acres 67 cents in extent with a building thereon and situate in Mukundapuram Taluk belonged to the plaintiff. He first executed on 2-11-1105 Ext. C chitty hypothecation bond in favour of Edathuruthi Church securing the property for the payment of future subscriptions in a chitty. Later but in the same year he executed a simple mortgage over it in favour of the 3rd defendant for a sum of Rs. 400/-. He finally, on 13-6-1106 executed Ext. B usufructuary mortgage of the property in favour of the defendants 1 and 2, for a sum of Rs. 140/- pledging also by way of further security certain paid-up subscription in another chitty. Under the provisions of Ext. B the yearly income from the property was estimated at Rs. 120 and this amount the defendants 1 and 2 under-took to utilise as follows:, to pay therefrom Rs. 90 in three instalments of Rs. 30 each to the Edathuruthi Church towards the plaintiff's chitty subscriptions under Ex




















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