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1952 Supreme(Ker) 90

GOVINDA PILLAI, SANKARAN
Venkitasubramonia Iyer – Appellant
Versus
Narayanan – Respondent


Judgment :-

1. The 1st defendant is the revision petitioner. The petition is to revise the finding on issue No. 5 recorded by the lower court. The suit was for redemption of two mortgages, Exts. A and B of 7.8.1091 relating to the plaint properties. The plaint properties which are S. No. 2236 which has an area of 3 acres and 72 cents and S.No. 2237 which has an area of 3 acres and 21 cents belonged in equal shares to the two branches of "Athiyara Matom". The 1st plaintiff is the manager of one of the branches known by the name of "Athiyara Matom" in Trivandrum, and the 3rd plaintiff is the manager of the other branch known by the name of "Kolloor Athiyara Matom". By an arrangement between these two Matoms, the eastern half of the property which is described in the plaint as A schedule was allotted to the 1st plaintiff's branch, and the remaining portion to the 3rd plaintiff's branch. Thus the A schedule property with an extent of 3 acres and 47 cents formed the eastern portion of S.No. 2236. The remaining 25 cents in that survey number and the whole of S.No. 2237 went to the share of the 3rd plaintiff's Matom. Exts. A and B related to the eastern half, and it was mortgaged for 8000














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