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1963 Supreme(Ker) 145

T.K.JOSEPH, K.K.MATHEW
L. Sankaran Lekhshmi – Appellant
Versus
Adima Kunju Abdhurahiman Kunju – Respondent


Advocates:
T. S. Krishnamoorthy Iyer, for Appellants; K. P. Abraham, for Respondents Nos. 1, 2 to 7 and for Addl. Respondents.

Judgement

MATHEW, J. :- Additional defendants 2 to 5 and 7 are the appellants. The suit was one for redemption of a mortgage. Plaintiffs 5 to 7 are the children of Salia Ummal, a sister of plaintiffs 1 to 4. Plaintiffs 1 to 4 and deceased Salia Ummal are the children of Mytheen Kunju Atima Kunju. Plaint A and B schedule properties belonged to the deceased father and mother of plaintiffs 1 to 4 and deceased Salia Ummal. Mytheen Kunju Atima Kunju and his wife executed the original of Ext. A mortgage to one Muhammad Kunju Ibrahim Kutty for Rs. 1500. In accordance with the provision in that deed the income of the property was to be appropriated towards the Interest due for Rs. 1000 and for the balance of the mortgage money of Rs. 500, 9 per cent. Interest was to be paid by the mortgagor personally. On the basis of a prior hypothecation bond a stranger had obtained a decree in O.S. No. 429 of 1091 charged on A schedule property. Ext. D is the copy of that decree. A schedule property was brought to sale and was purchased by the mortgagee under the original of Ext. A for 1050 Rs. Ext. C is the sale certificate and Ext. D the execution diary in that case. The court sale was on 14-4-1092. Ib

















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