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1955 Supreme(Ker) 18

VITHAYATHIL, SANKARAN
Ebrahim – Appellant
Versus
Cheriyan – Respondent


Judgment :-

1. Defendants 1 and 2 are the appellants. The suit is for declaration of the plaintiffs title to the plaint properties and for recovery of possession of the same with mesne profits. According to the plaintiff, the plaint schedule properties belong to him. They were purchased in his name, while he was a minor, by his paternal grand-father. Ext. A dated 15.8.1103 is the sale deed. It is alleged that the consideration for the sale deed was advanced by the maternal grand-father of the plaintiff. The properties were at that time outstanding on a mortgage. The mortgage right also was subsequently taken assignment of in the name of the plaintiff. On 18.2.1104 the plaintiff's father and paternal grand-father together executed a hypothecation bond, Ext. B, in respect of the plaint properties in favour of the father of defendants 2 to 8 stating that the properties belonged to them and that they have been acquired with their own funds in the name of the plaintiff. Plaintiff alleges that the executants of Ext. B had no right in the properties and that they were not competent to hypothecate the same. On the basis of the hypothecation bond, the father of defendants 1 to 6 instituted







































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