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1957 Supreme(Ker) 31

VARADARAJA IYENGAR
Kunjikavu Amma – Appellant
Versus
Janaki Amma – Respondent


Judgment :-

1. This second appeal is by the plaintiff in a suit for enforcement of alleged prior charge or for redemption, which has been concurrently dismissed by the courts below.

2. The plaint schedule property was originally owned by the plaintiff Kunhi Kavammal. She first executed Ext. A fidelity bond on 26.3.1100, securing the property for a sum of Rs. 500 towards guarantee of the faithful discharge, by her brother, of his duties as Muthalpadi etc., in the Cochin Kovilakam. Thereafter in 1105, she executed, in favour of the defendants, a simple mortgage and also a Purakadom for an aggregate sum of Rs. 350. This debt in due course led to the decree and execution proceedings in O.S. No. 144 of 1109 on the file of the Irinjalakuda Munsiff's Court whereby the defendants themselves became the purchasers of the property but subject only to the prior charge, to the extent of Rs. 500 under Ext. A. This Court sale was on 7.5.1112, Ext. I being the sale sannad. The defendants took delivery of the

property subsequently on 6.5.1113 under Ext. V delivery Kychit. By Thulam 1118 the plaintiff's brother retired from his office in the Kovilakam and as no liabilities arose in connection with hi









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