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1961 Supreme(Ker) 443

T.C.RAGHAVAN
Kunhukutty Amma – Appellant
Versus
Kumaranunni Nair – Respondent


Advocates Appeared:
For the Petitioner: C. Unnikanda Menon.
For the Respondent: N. Sundara Iyer & K. Narayanan.

ORDER :

The defendant in S.C.S. No. 103 of 1959 on the file of the court of the Munsiff of Palghat is the petitioner before me and the short question involved in the case is one regarding the interpretation of Ss. 11 and 25 of the Kerala Agriculturists Debt Relief Act.

2. The defendant-petitioner and her deceased husband executed a possessory mortgage on 23rd May, 1956 creating a mortgage over eight items of immovable properties for a sum of Rs. 3,000/- in favour of the plaintaiff-respondent. The said mortgage document is Ext. A1. Under that document the mortgagee had to appropriate, out of the income of the properties which was assessed at 186 paras of paddy per year, 120 paras towards interest of mortgage amount and pay the balance of 66 paras of paddy per year as ‘purappad’ to the mortgagors. On the same day the mortgagors took back the properties mortgaged on lease evidenced by Ext. A2, under which they agreed to pay 120 paras of paddy every year in Kanni and Makaram to the mortgagee after appropriating 66 paras of paddy towards ‘purappad’ due to them under the mortgage. The suit, out of which the present C. R. P. arises, had been filed for recovery of arrears of rent under Ext.









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