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1952 Supreme(Ker) 79

SANKARAN, SUBRAMONIA.IYER
Narayana Pillai – Appellant
Versus
Raghavan Pillai – Respondent


Judgment :-

1. One Aliyattu Vila family gave a possessory mortgage of the properties scheduled to the plaint in the year 1088. There were several transactions with the mortgage right by way of sub-mortgage and assignment details whereof are unnecessary for the case. The rights of the Rib-mortgagee as also those of the mortgagees became ultimately vested in defendants 1 and 2. The mortgagor assigned the equity of redemption in favour of Lekshmi Amma the plaintiffs maternal grand mother in the year 1103, receiving, Rs. 89/- in cash and reserving the rest of the consideration for redemption of the aforesaid mortgage and for payment of certain other debts of the vendor. The sub-mortgage provided for payment of the land revenue by the sub-mortgagee from the date of the sub-mortgage. The sub-mortgage also provided for payment by the sub-mortgagee of the revenue that was then in arrears. An amount sufficient in that behalf was also reserved with the sub-mortgagee. On account of the default of the sub-mortgagee in the matter of payment of the land revenue, there was a sale under the Revenue Recovery Act in the year 1113, that is, two years after the death of Lekshmi Amma. The notices proce






















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