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1980 Supreme(Ker) 302

T.CHANDRASEKHARA MENON
Eachampi Thevi – Appellant
Versus
Variavan Saraswathi – Respondent


JUDGMENT

Chandrasekhara Menon,J.

1. Defendants 1 to 3 and 5 to 9 are the appellants in the second appeal arising out of a suit for redemption. The property concerned scheduled to the plaint is 1 acre and 1 cent of land. One acre 48 cents of land which takes in the plaint property belonged to Keezhmannadi tarwad. This was mortgaged by the tarwad as per Ext. P-1 mortgage deed of 10th Dhanu 1045 M.E. Two junior members of the tarwad obtained possession of the property as per Ext. P-2 which is termed as "Arthapattuseetti", dated 7th Midhunam 1061 M.E. executed by the mortgagee. Defendants 1 to 9 obtained right over 48 cents of land by inheritance and they are in possession. The 10th respondent obtained the right over 53 cents.

2. Plaintiffs sued for partial redemption of Ext. P-1 mortgage and for recovery of possession of the land in the possession of defendants 1 to 10. Their claim was based on the partition of the properties belonging to the mortgagor tarwad of which they are members. They obtained, according to them, equity of redemption as per Ext. P-1 and therefore they are entitled to redeem. Defendants 1 to 9 contested the suit. According to them, they are in possession of the prop






































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