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1957 Supreme(Ker) 192

T.K.JOSEPH
Savarimuthu Nadar Chellayan Nadar – Appellant
Versus
Kanakku Kali Pillai Padmanabha Pillai – Respondent


Judgment :-

1. This is a Second Appeal from conflicting decrees. The defendant is the appellant. The suit was for declaration of plaintiff's title to 5/8th of the plaint property and for recovery of this share and also to put up a boundary between the plots the plaintiff and the defendant are entitled to. The whole property is comprised in S. Nos. 137/1A and B and 137/2 and it belonged to Vattavilagom tarwad. It was mortgaged by the tarwad under Ext. A dated 3-6-1093 in favour of one Podiyan Nadar. The mortgage right was acquired by Gnanamuthu Nadar and others, and the equity of redemption devolved on one Padmanabha Pillai of Vattavilagom tarwad. The plaintiff and his brother purchased the equity of redemption from Padmanabha Pillai and the plaintiff later obtained his brother's interest under a Will executed by him. When the plaintiff sought to redeem the property the mortgagees who were living in the property requested that a portion of the property be given to them and that the rest alone be recovered. What they asked for and got was 3/8th of the property. The total extent of the property was wrongly described in the mortgage deed as 6 acres and 16 cents. At the time of release






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