SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1953 Supreme(Ker) 19

KUMARA PILLAI
Velayudhan Nair – Appellant
Versus
Gowri Amma – Respondent


Judgment :-

1. This second appeal is filed by the first defendant in a suit for redemption of a mortgage. The mortgage sought to be redeemed, Ex. A, was executed by a family of blacksmiths in 1066. Plaintiffs have obtained the equity of redemption and brought the suit for redemption. In the plaint they admitted that in addition to Ex. A there were two purakadams charged on the plaint property, Ex. B of 1070 and Ex. C. of 1072, and that they were liable to pay the amounts thereunder also. The first defendant who has obtained the mortgage right contended that in addition to Exts. A, B and C, there was another purakadarm for Rs. 47/-, Ex. I of 1085, and that he was entitled to get the amount under it also. Plaintiffs opposed the claim for the money under Ex. I on the ground that the executant thereof was not the head and manager of the mortgagors' family and that Ex. I was not supported by family necessity and consideration. The trial court assumed that the mortgagors were governed By Marumakkathayam Law, and finding that the executant of Ex. I was not the karnavan it held that he was not competent to execute Ex. I and that it was therefore invalid and not binding on the mortgagors an



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top