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1956 Supreme(Ker) 53

NANDANA MENON, T.K.JOSEPH
Sivarama Konar – Appellant
Versus
Thiruvadinatha Pillai – Respondent


Judgment :-

1. These two appeals arise out of two connected suits O.S. 49 of 1124 and O.S. 247 of 1124 of the District Court of Trivandrum. A.S. 339 of 1953 is the appeal from the former suit and A.S. 543 of 1953 from the latter. The circumstances leading to these appeals are as follows:

2. The two suits were jointly tried by the lower court and the leading judgment is the one in O.S. 49 of 1124. Both the suits are for redemption of identical properties mentioned in the plaints. They belonged to Kadavoor alias Kottarathu Matom, being a family of Oonnies and were outstanding on mortgage and Purakkadoms in favour of the 2nd defendant Lakshmi Pillay, whose rights passed to the 1st defendant Sivarama Konar (being the 2nd defendant in O.S. 247 of 1124). (The reference to parties and Exhibits are those in the leading case when not otherwise indicated). On 8.6.1123, the Karnavan of the Matom executed a sale deed in favour of the plaintiff Thiruvadinatha Pillai (being the 3rd defendant in O.S. 247 of 1124), the consideration being mentioned as Rs. 5000. Only the Karnavan Sankararu was a party to it. Thiruvadinatha Pillai obtained consent deeds executed by some of the other members of the Ma
























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