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2011 Supreme(Ker) 269

K.T.SANKARAN
Velayudhan Padmanabhan – Appellant
Versus
K. Thyagrajan – Respondent


Advocates appeared:
For the Petitioner:G.P. Shinod, Advocate.
For the Respondent:P.S. Ramesh Kumar, Advocate.

JUDGMENT :-


1. The first defendant in a suit for redemption of mortgage, filed by respondents 1 to 4 herein, is the appellant. The suit was dismissed by the trial court. The Appellate Court reversed the judgment and decree of the trial court and the suit was decreed.

2. The plaint schedule property originally belonged to Narayanan Asari Krishnan Asari. He died in 1947. His rights devolved on his children Kolappan Asari and Sivasubramonian Asari. Both of them passed away before 1956. The plaintiffs are the children of Kolappan Asari. The second defendant is the daughter of Sivasubramonian Asari. In 1952, Kolappan Asari and Sivasubramonian Asari executed Ext.A1 ottikuzhikanam deed in favour of the first defendant for `500/-. Ext.A1 property consists of ten cents of land excluding six jack trees and a mango tree, which were retained in the possession of the mortgagors. The land was put in the possession of the mortgagee. The period stipulated in Ext.A1 was eight years. According to the plaintiffs, Ext.A1 is a possessory mortgage. Since the daughter of Sivasubramonian Asari (one of the co-mortgagors) was not willing to join as a plaintiff, she was arrayed as the second defendant. The pl











































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