1960 Supreme(Ker) 93
M.MADHAVAN NAIR
Venkataramana Udupa – Appellant
Versus
Kannan Chettiar – Respondent
Advocates:
T.S. Venkiteswara Iyer, for Appellant; N. Sundara Iyer, for Respondent.
JUDGMENT :- This second appeal is by the plaintiff who sued for redemption of a possessory mortgage executed by his father in favour of the defendant. The defence was that the equity of redemption having been sold in execution of the decree in C. S. No. 32 of 1934 instituted against the plaintiffs father on the file of the Adoor Panchayat Court, the plaintiff had no title to redeem. Ext. B-5 is the sale certificate in that case, and Ext. B-6 a release or transfer of the rights thereunder by the auction-purchaser to the present defendant. In replication, the plaintiff asserted that the decree in C. S. No. 32 of 1934 was void as the Panchayat Court had no jurisdiction to try that suit the claim wherein was above Rs. 200/- or to pass a decree against him who was then a minor on record as the sole legal representative of the defendant. The Munsif found the decree in C. S. No. 32 of 1934 to be "beyond the pecuniary jurisdiction of the Panchayat Court and therefore totally void" and the court-sale "vitiated by fraud and collusion" and passed a preliminary decree for redemption; but the Subordinate Judge, on appeal, held that "the plaintiffs rights in the property have been lost by the co
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