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2013 Supreme(Ker) 530

N.K.BALAKRISHNAN
C. Lucy Greya – Appellant
Versus
Gnanadeepam Daleela – Respondent


Advocate Appeared:
For the Appellants:V.G. Arun, T.R. Harikumar, Advocates.
For The Respondents:R.S. Kalkura, M.S. Kalesh, Harish Gopinath, V. Vinay Menon, M. Ajay (Irumpanam), Advocates.

Judgment :

The defendants are the appellants. The suit was instituted for redemption of a mortgage executed in the year 1962 and for recovery of possession of the mortgaged property.

2. The case of the plaintiff is stated thus :

The plaint schedule property originally belonged to the first plaintiff and her husband who is the father of plaintiffs 2 to 5. Ext. A1, the document which is styled as “ottiyum kuzhikanavum” was executed by the first plaintiff and her husband on 3-7-1962 in favour of the mother of the first defendant for a consideration of ` 450/- for a period of six years. The mortgagee (the mother) assigned her mortgage right in favour of the first defendant and thereafter the first defendant and her husband who is the second defendant are in possession of the property. The period of mortgage expired. Since the defendants did not heed to the request for redemption , the suit was filed.

3. The second defendant remained ex parte. The first defendant filed written statement contending that Ext. A1 is not a mortgage but is a kuzhikanam document and that it was obtained by the mother of the first defendant for enjoyment and for residence. The mother executed a settlement de






























































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