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1993 Supreme(Ker) 92

T.L.VISWANATHA IYER
Devaki Amma – Appellant
Versus
K. P. Sreedharan – Respondent


Advocates:
S. Venkitasubramonia Ayyar and Giri V., for Petitioners; R. V. Nair and T. C. Thomas, for Respondent.

JUDGEMENT :- Defendants 3, 5 to 8 and 12 to 15 in a suit for redemption of a mortgage and for recovery of possession of the plaint schedule property are the appellants. They are the legal representatives of the deceased second defendant. The respondent is the plaintiff.

2. The plaint schedule property, having an extent of 68 cents with a building thereon, was mortgaged to one Kumara Pillai for an amount of Rs. 294/- on 7-1-1923 ME. The first defendant is an assignee of the rights of Kumara Pillai under the mortgage as per deed dated 6-12-1954, and be settled his rights over the plaint schedule property and three others to the second defendant by the deed of settlement Ext. D1, dated 6-11-1964. The suit was filed meanwhile for redemption and re­covery of possession, in the year 1961.

3. A preliminary decree for redemption was passed on 22-11-1962. The plaintiff thereafter filed I.A. No. 5885 of 1965 for the passing of final decree. At the initial stages, the only objection of the second defendant was regarding the value of improvements payable, but after the amendment to the Kerala Land Reforms Act, 1963 (the Act) by Act 35 of 1969, he raised additional objections claiming the benefit



























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