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1950 Supreme(Ker) 66

GOVINDA PILLAI, KOSHI
Pakian Pillai – Appellant
Versus
Thirunamakarasu Pandaram – Respondent


Judgment :-

1. The plaintiff is the appellant. The plaintiff's suit was for recovery of possession of the plaint property on payment of the mortgage amount charged on the same by virtue of Ext. AM dated 17.7.1062 executed by one Ramaswami Pillai in favour of a stranger by name Arumughom for 1400 fanams. The plaintiff stated that the plaint schedule property belonged to his maternal grand father's family, that the last male member of that family was his mother's father the said Ramaswami Pillai who died in Chingom 1064 and that at that time Ramaswami Pillai had left a widow by name Sivakami and a daughter Thankathammal by another wife Pukazhumperumal. The plaintiff is the son of this Thankathammal. Besides Sivakami there was also one Kanthimathi Ammal, widow of Ramaswami Pillai's father Arumughom Pillai. In the plaint it was stated that on the death of Ramaswami Pillai, his wife Sivakami sold half of the plaint property on 7.12.1066 to one Nagappan for 1225 fanams. Ext. B or XVII is the sale deed. Nagappan in his turn sold his right to the mortgagee Arumughom who transferred the mortgage right and the right to the equity of redemption to one Arunachalam Pandaram, the uncle of defend




















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