S.MARIMUTHU
Mathevan Gangadharan – Appellant
Versus
Vijayan – Respondent
S. Marimuthu, J.
1. The 4th defendant in O.S. No. 92 of 1984 on the file of the Munsiff's Court,ttingal is the appellant. Pending appeal the sole appellant died and additional appellants 2 to 7 are impleaded as his legal representatives. First respondent as plaintiff filed the above said suit for redemption and recovery of possession of plaint B Schedule property from the appellant and three other defendants. The Trial Court decreed the suit and the appellate court, Sub Court, Attingal, in A. S. No. 149 of 1985 confirmed the judgment of the Trial Court. Hence this appeal.
2. The admitted facts are briefly as follows: An extent of 27 cents of land was outstanding on a mortgage in favour of the second respondent (first defendant). There was a partition in the Jenmy's family under Ext. A1 (copy) on 6.7.1950 in which respondents 1 and 3 and the appellant are parties. In Ext. A1 the northern 20.5 cents was allotted to the first respondent and the southern 6.5 cents was allotted to the second respondent. Since the entire 27 cents was outstanding on a mortgage, there was a recital in Ext. A1 that the first respondent could redeem the mortgage of his property measuring 20.5 cents fro
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