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1958 Supreme(Ker) 75

SANKARAN, T.K.JOSEPH
Nani Kunjukrishnan – Appellant
Versus
Padmanabha Pillai Krishna Pillai – Respondent


Judgment :-

1. These appeals arise from O. S. No. 68 of 1121 of the District Court of Trivandrum which was a suit for redemption of mortgages. The properties described in the plaint schedule are Kypallivilagom comprising three plots and Alummoodu Purayidom. These originally belonged to two families Kypilli and Attoor houses on Service Inam Tenure. The mortgages and purakkadoms sought to be redeemed are Exhibits A, B, C, D, E and F. According to the plaintiff one Mary Beemer took Kypallivilagom on mortgage from the owners in 1043 under Ext. A. This was followed by another mortgage Ext. B of the year 1053 in favour of Mary Beemer's husband Joris Beemer for Alummoodu Purayidom. Mary Beemer in whom the mortgage rights ultimately vested bequeathed the same to her original Tarwad known as Varuvilagom under a Will which though contested has been upheld by the Court. Defendants 1 to 40 are members of Varuvilagom Tarwad consisting of 4 branches, all of which are represented in the suit. Defendants 41 to 44 are the children of one Mathevan Kumaran, deceased younger brother of the 1st defendant and defendants 45 to 47 are the children of the 1st defendant. The 48th and 49th defendants were im
































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