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1970 Supreme(Ker) 224

P.S.POTI
Parameswaran Pillai Kumara Pillai – Appellant
Versus
Chinna Lakshmi – Respondent


JUDGMENT

P. Subramonian Poti, J.

1. The suit out of which the Second Appeal arises is one for redemption of Ex.P4. mortgage dated 5-9-1123 executed by the plaintiff in favour of the husband of the first defendant. Plaint item No. 1 is 35 cents of land comprised in Sy. No. 1801 of Madathuvilakam Village and item No. 2 is 23 cents out of the above said 35 cents. What is sought to be redeemed is plaint item No. 2 though the original mortgage was in respect of plaint item No. 1. the entire 35 cents. The husband of the first defendant who was the mortgagee under Ex. P4 assigned his mortgage right over 12 cents out of item No. 1 in favour of one Parameswaran Pillai who later took a sale deed from the plaintiff for the abovesaid 12 cents under Ex. P2 dated 14-7-1951. The mortgage thus became split up and the plaintiff on his own title and as power of attorney holder of his son therefore claims redemption of the remaining 23 cents which is item No. 2 in the plaint. The first defendant's husband is dead and the first defendant is his heir. The second defendant is impleaded as a person in possession under the first defendant. The claim of the plaintiff, entitling him to redeem, is admitted by





























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