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1955 Supreme(Ker) 37

T.K.JOSEPH
Dakshayini Amma Thankamma – Appellant
Versus
Kesava Pillai Ramakrishna Pillai – Respondent


Judgment :-

1. The plaintiff-respondent brought a suit in the Court of the District Munsiff of Nedumangad on 15.3.1119 for redemption of an alleged mortgage. It was stated in the plaint that the Karnavan of Kundarathala Tarwad had mortgaged the property described in the plaint schedule to Ayyappan Pillai Kumara Pillai the Karnavan of the defendant's tarwad, and that the defendants were in possession under the mortgage. The mortgage money was stated to be Fs. 300. The persons who obtained the equity of redemption in the partition of Kundarathala tarwad sold the same to the plaintiff on 27.12.1117, directing him to redeem the mortgage. The cause of action for the suit was stated to have arisen on 21.4.1075, 4.1.1099 the date of the partition in Kundarathala tarwad and 27.12.1117 the date of purchase by the plaintiff. The significance of the date 21.4.1075 was not divulged in the plaint. The 3rd defendant who alone contested the suit denied the alleged mortgage and contended that the property belonged to the defendant's tarwad from ancient times, that she purchased it from the parties who got it in the partition deeds of the years 1090 and 1104 in the defendant's tarwad, that the suit

















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