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1950 Supreme(Ker) 65

SANKARAN, GANGADHARA MENON
Idikkali Parvathy Amma – Appellant
Versus
Cheriyan – Respondent


Judgment :-

1. Defendants 1 and 4 are the appellants. The suit is for redemption. The properties mentioned in the plaint are comprised in two survey numbers 556/4 A measuring 31 cents and 556/4 B measuring 1 acre and 40 cents. It is alleged that these properties belonged to the Thuruthiyil Tarwad and they mortgaged them on 9.9.1080 under Ext. A. The plaintiff's father Kiriyan Kochu Cheriyan purchased the equity of redemption of the properties under Ext. B from the Thuruthiyil Tarwad. By virtue of Ext. C partition among the children of Kiriyan Kochu Cheriyan and Ext. D sale deed the equity of redemption devolved on the plaintiff. The defendants are in possession of the plaint schedule properties under Ext. A mortgage. Plaintiff therefore sued for redemption of the properties on payment of the mortgage money due.

Defendants 1 and 4 contended that the property comprised in S. No. 556/4 is a puthuval registry in favour of 1st defendant's mother Chirutha Idikali and that the plaintiff is not entitled to redeem this property.

2. The learned Munsiff found that S. No. 556/4 A is included in Ext. A mortgage, that even though the property was registered in the name of Chirutha Idikali it is on













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