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2011 Supreme(Ker) 138

S.S.SATHEESACHANDRAN
B. Madhavi Amma – Appellant
Versus
K. Karunakaran Nair – Respondent


Advocates Appeared:
For the Petitioner:K.P. Sreekumar, Advocate.
For the Respondent:P. Kesavan Nair, Advocate.

JUDGMENT :-

1. Plaintiffs in a suit for redemption, O.S.No.122/84 on the file of the Additional Munsiff's Court, Nedumangad are the appellants. Both the courts below have negatived their claim for redemption of the suit property, finding merit in the contentions taken by the respondent/defendant denying the mortgage, and of claiming anterior possessory right over the suit property, more than a decade before the alleged mortgage, by way of trespass, with a further plea of prescribing title over the same by adverse possession. Before the lower appellate court, the plaintiff had moved an application for amending the plaint to seek an alternative relief for recovery of possession on the strength of their title, but that was also turned down as belated while dismissing their appeal, and confirming the dismissal of the suit by the trial court.

2. Short facts necessary for consideration of the substantial questions of law raised for disposal of the appeal can be summed up thus:

Suit property having an extent of 8 cents was obtained by the 1st plaintiff under Ext.A6 partition deed. Second plaintiff is her daughter and 3rd plaintiff, her son in law. Pursuant to Ext.A6 partition deed, the 1s

























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