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1953 Supreme(Ker) 146

KUMARA PILLAI
Thankiah – Appellant
Versus
Ponnan Nadar – Respondent


Judgment :-

1. This Second Appeal arises out of a suit for redemption of a mortgage and for an injunction to restrain the defendant from entering on the suit property.

2. The suit property belongs to the Thamarakulathu Madhom and was leased by the said Madhom to one Thomas Abraham under Ext. A on 4.1.1118 for a period of three years. The lease was one with premium, the premium amount being 700 Fanams. On 14.6.1122 the Madhom mortgaged the property to the defendant for 1400 Fanams under Ext. B. A sum of 700 Fanams out of the mortgage amount was reserved with the mortgagee for payment to the lessee and redemption of Ext. A lease. It was also provided in Ext. B that the mortgage could be redeemed only after 14.6.1125. On 16.3.1950 ie., 3.8.1125, the Madhom executed Ext. C superior mortgage in favour of the plaintiff authorising him to redeem Ext. B mortgage and recover possession of the plaint property. Alleging that the defendant had never redeemed Ext. A lease in pursuance of Ext. B mortgage and that he (plaintiff) had paid the premium amount to Thomas Abraham and redeemed Ext. A lease on 13.5.1950 and was in possession of the plaint property from the said date, plaintiff brought the













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