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1957 Supreme(Ker) 345

SANKARAN, RAMAN NAYAR
Sankara Pillai – Appellant
Versus
Mathunni Ittiera – Respondent


Judgment :-

1. The appellants are the plaintiffs whose suit for the redemption of a usufructuary mortgage has been dismissed by the court below on the preliminary finding that it is premature.

2. Ext. B is a copy of the mortgage in question. It was executed in favour of the 1st defendant on 27 2-1121 M. E. (13-10 -1945) by the karnavan and senior anandaravan of a Mana governed by the Travancore Malayala Brahmins' Act (Act III of 1106). Before its registration on 4-5-1121 (18-12-1945) the entire consideration of Rs. 7500/- was paid by the discharge of debts binding on the Mana and secured on its properties. Of the 22 items of properties comprised in the mortgage, possession of five items, of which the Mana was in actual possession, was made over to the 1st defendant. For the rest, the 1st defendant was required to evict the tenants in actual possession, filing suits, if necessary, within six months of the registration of the document and adding the expenses thereof to the mortgage money; and the mortgage was to run for a term of 12 years after he had reduced the properties in the hands of the tenants to his possession. (It would appear that one of the items of properties was held by







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