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2018 Supreme(Ker) 751

P.B.SURESH KUMAR
Jacob Balraj (Died) – Appellant
Versus
Levy Peter Manamkottu Mele Puthen Veedu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.L.Mohanan Adv.
For the Respondent: Sri.P.G.Parameswara Panicker (Sr.) By Sri.P.R.Venketesh By Sri.P.Gopal

JUDGMENT :

1. This second appeal arises from a suit for redemption of a possessory mortgage and for consequential reliefs. The suit was decreed by the trial court and the decision of the trial court has been confirmed in appeal. The first defendant in the suit is aggrieved by the concurrent decisions of the courts below and hence this second appeal.

2. The facts bereft of unnecessary details are the following:-

(i) The plaint A schedule consists of three items of properties. The plaint B schedule consists of two items of properties, of which item No.1 is a portion of the plaint A schedule item No.1 property and item No.2 is the plaint A schedule item No.2 property. The plaint schedule properties originally belonged to a Nair tharavad called Matharical tharavad and the same was outstanding on a possessory mortgage in favour of the grandfather of the plaintiffs, namely Nallathampi. Nallathampi had five children, namely Abraham, Lavy, Jacob, Mathias and Samuel. During 1103ME, Nallathampi sub-mortgaged a portion of the mortgage holding, namely the plaint B schedule properties, in favour of one of his sons namely Jacob and a few others. Ext.A8 is the mortgage deed executed by Nallathampi i























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