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2011 Supreme(Ker) 131

S.S.SATHEESACHANDRAN
Thankamony – Appellant
Versus
Retnam Nadathy – Respondent


Advocates Appeared: For the Appellants:R.S. Kalkura, Advocate. For the Respondent:B. Krishna Mani, V. Premchand, N. Mahesh, Advocates.

Judgment :

Plaintiffs in a suit for redemption are the appellants. The decree granted in their favour by the trial court was set aside and reversed by the lower appellate court, by which, the suit was also dismissed. Feeling aggrieved, the plaintiffs have come up with this appeal.

2. Short facts involved in the case can be summed up thus:

Suit property having an extent of 25.5 cents belonged to one late Kesavan Nadar, and he had mortgaged the property in favour of the defendant, who is the wife of his elder brother, namely Govindan Nadar, under Ext.A1 deed. The defendant continues in possession as a mortgagee under the above deed, is not in dispute. Kesavan Nadar is no more. The plaintiffs claiming as the daughter and wife of Kesavan Nadar laid the suit. The right of the plaintiffs to redeem the property from the defendant was challenged by the mortgagee disputing their status as legal heirs of late Kesavan Nadar. Admittedly, the 2nd plaintiff was the wife of another elder brother of late Kesavan Nadar, namely, Madhavan Nadar. After the death of Madhavan Nadar, his younger brother Kesavan Nadar married the 2ndplaintiff, and out of their marital relationship, the 1st plaintiff was be











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