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1957 Supreme(Ker) 256

KUMARA PILLAI, T.K.JOSEPH
Bhavani Pilla – Appellant
Versus
Ammukutty Pilla – Respondent


Judgment :-

1. Against the decree in a suit for redemption which was brought by five plaintiffs for and on behalf of their tarwad and which has been dismissed by the court below plaintiffs 2 to 5 have filed this appeal. They are sisters, and plaintiff 1 was their mother. The mother died before the suit was dismissed, and plaintiffs 2 to 5 are her legal representatives.

2. According to the plaint allegations, plaint schedule properties, seven in number, belong to a Nair tarawad known as Vazhapalli tarawad, and the plaintiffs and defendants 2 to 5 are members of two thavazhis in one branch of that tarawad one thavazhi consisting of the plaintiffs and defendant 5 and the other defendants 2 to 4. Defendants 3 and 4 are sisters, and defendant 2 is their brother. In 1070 Krishna Pillai Parameswaran Pillai, of Vazhapalli tarwad executed a mortgage deed for 5000 fanams in respect of plaint schedule items 1 to 3 in favour of one Mallan Pillai Sankara Pillai, and one John David obtained an assignment of that mortgage in 1075. On 17-7-1075 John David obtained another mortgage from Vazhapalli tarwad for 5300 fanams in respect of plaint schedule items 1 to 7 (Ext. A is a copy of the assignment o




















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