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1957 Supreme(Ker) 174

VARADARAJA IYENGAR
Mathew Thomman – Appellant
Versus
Paily Ulahannan – Respondent


Judgment :-

1. These two appeals arise respectively from two connected suits O. S.515 of 1124 and O. S.48 of 1122 both on the file of the Muvattupuzha Munsiff's Court. They involve a common question as to the construction of a gift deed. Following the procedure adopted in the courts below the appeals were heard together. They are now being disposed of by this common judgment.

2. The suit property consists of a kanom holding which originally belonged to Thomman Mani. By Ext. A udampadi dated 13 - 3-1076 he made a gift of the property in favour of his sister Acha for support of herself and her two children Ulahannan and Thomman, then minors, subject to certain considerations. Acha and her children executed on 5-1-1099 Ext. B mortgage and in 1111 a purakkadom in respect of the property. These mortgage and purakkadom rights were Subsequently obtained assignment of, by Aley the wife of one of the sons, viz., Thomman. On 18-1-1114 Acha the mother executed by herself but with the attestation of her other son Ulahannan, Ext. A sale deed of portion of the property in favour of a stranger. This vendee has sought by the suit O. S.48 of 1122 herein for redemption and recover on payment of the m






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