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1956 Supreme(Ker) 42

KOSHI, JOSEPH VITHAYATHIL
Lekshmi – Appellant
Versus
Raman Velu – Respondent


Judgment :-

1. Defendants 1 to 3 are the appellants. The suit is for redemption of a mortgage, Ext.A, dated 26.12.1080 and a puravaippa, Ext. E, dated 30.8.1090. The plaint property belonged to Kadangassery Mana. The Mana executed the mortgage and puravaippa in favour of one Manickan Raman, the predecessor-in¬interest of the defendants. The mortgage and puravaippa comprised two items of properties. Of these, item No.1 was outstanding on a lease granted by the mana to Raman's father, Manickan. Ext. I dated 30.5.1054 is the lease deed. Item No. 2 was outstanding on a lease granted by the mana to one Makkotha. In 1081 Makkotha attorned to Raman in respect of Item No. 2. Subsequently, Raman assigned the mortgage and puravaippa rights in favour of Makkotha as regards item No. 2 receiving proportionate mortgage and puravaippa amounts. The mana assigned the equity of redemption over both the items in favour of the plaintiff under Ext. B dated 31.1.1120. Makkotha surrendered his rights under the mortgage and puravaippa in respect of item No. 2 in favour of the plaintiff, and the plaintiff got possession of that item. The suit was instituted by the plaintiff for redeeming item No.1 on payme















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