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1953 Supreme(Ker) 11

SUBRAMONIA.IYER
Velu – Appellant
Versus
Lekshmi – Respondent


Judgment :-

1. The plaintiff in a suit for redemption of a possessory mortgage and puravaippa having been denied the relief for khas possession in the decrees granted to him by the courts below has preferred this second appeal.

2. The facts are few and simple. Kidangassery Tharananellur Illom the jenmi leased on verumpattom an item of land to Kurunhikattil Manickan and another item to Manali Makkotha. During the subsistence of these leases the lessor in the year 1080 executed an usufructuary mortgage (Ex. A) and in 1092 a purakadam deed (Ex. E) to Manickan's son and heir, Raman. These are the possessory mortgage and purakadam which form the basis of the suit. In 1081 Makkotha attorned to Raman. After obtaining the purakadam Raman apportioned an amount of Rs. 50/- from out of the mortgage money of Rs. 200/- and a further advance Rs. 50/- for the puramkadam upon the item in Makkotha's possession as lessee and assigned that part of his rights to Makkotha (Ex. G). The illom assigned its right over both the items to the plaintiff in 1120. (Ex. B). Meanwhile the rights of Makkotha had by several transfers and transmissions details whereof are unnecessary for the case, devolved upon Kallat














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