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1954 Supreme(Ker) 115

GOVINDA PILLAI
Janaki Pillai – Appellant
Versus
Raman Pillai – Respondent


Judgment :-

1. The defendants are the appellants. The suit was for redemption of the mortgage on payment of proportionate mortgage amount and value of improvements. The plaint property and some paddy lands were mortgaged from the tarwad of the plaintiff in the year 1083 under Ext. B in favour of the predecessor-in-interest of the defendants. A Purakkadam Ext. C had also been executed in favour of the mortgagee in 1087. The defendants are thus in possession of the property as mortgagees. In a partition in the plaintiff's tarwad the equity of redemption was allotted to the share of the plaintiff. The mortgagees had splitted the mortgage amount and the amount mentioned in the plaint was the mortgage security charged on the plaint property. Ext. D is the partition deed in the defendants' tarwad under which the mortgage amount was thus apportioned. A sum of 1566 fanams was the amount thus charged on the plaint property. The other properties in the mortgage had been redeemed by the plaintiff's sister under Ext. E release dated 5.9.1119. The plaintiff therefore filed the suit for redemption of the mortgage on payment of the mortgage amount and value of improvements.

2. The 1st defendant co




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