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1950 Supreme(Ker) 51

KUNHI RAMAN, SANKARAN
Sree Varaha Devaswom – Appellant
Versus
Rukkia Bai – Respondent


Judgment :-

1. This appeal arises from the decision of the Anjikaimal District Court in O.S. No. 122 of 1121. The Sree Varaha Devaswom, Azheekkal, who is the first defendant in the case, is the appellant. Defendants 10 to 15, to whom the plaint properties belonged originally, had mortgaged them under Ext. IV dated 12.10. 11100 in favour of the first defendant Devaswom for a consideration of Rs. 12,800/- and directed the mortgagee to appropriate the income of the properties towards the interest due on the mortgage amount. All the same, the mortgagors retained possession of the properties by executing Ext. V lease deed of even date in favour of the mortgagee. The lease amount payable under Ext. V was expressly made a charge on the equity of redemption of the properties. Subsequently on 4.4.1108, the properties were surrendered to the Devaswom under Ext. III release deed, executed by the mortgagors-lessees, wherein they undertook to pay off the arrears of pattom amounting to Rs. 6599-7-6 and interest thereon together with the mortgage amount and to close the transaction without any delay. Out of the plaint items, which thus came into possession of the Devaswom, items 1 to 7,10,11 and















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