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1958 Supreme(Ker) 138

T.K.JOSEPH, SANKARAN
Chinnan Kesavan – Appellant
Versus
Gouri Amma – Respondent


Judgment :-

1. The dispute as to the right to execute the decree in O. S.195/1950 on the file of the Nedumangad Munsiff's Court has given rise to this Second Appeal. The properties involved in the suit belonged to the original plaintiff and, as the owner of the equity of redemption of these properties, he instituted the suit for redeeming the properties from the defendant on payment of the redemption price due to the defendant. During the pendency of that suit, the plaintiff assigned all his rights in the equity of redemption of the properties, in favour of the appellant and directed him to get recovery of possession of the properties from the defendant on payment of the redemption price that may be found to be due to them. There was also a direction in the deed of assignment that the assignee may get himself impleaded as additional 2nd plaintiff in the suit and carry on further proceedings towards redemption of the mortgage and recovery of possession of the properties. However, the assignee did not get himself impleaded as the additional 2nd plaintiff at the trial stage of the suit. Subsequent to the passing of the decree in the suit, a joint execution application was filed by the











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