JUDGMENT.-The plaintiff, who succeeded in the trial Court but lost before the lower appellate Court, is the appellant. She filed the suit for redemption of an othi under Exhibit A-l dated 6th May, 1955 executed by her husband Mayakrishna Konar in favour of one Mayilerumperumal. Mayakrishna executed a settlement deed dated 21st April, 1964 in favour of the appellant and subsequently cancelled it and deserted her. Thereafter he executed an othi deed, Exhibit A-l, dated 6th May, 1955 in favour of Mayilerumperumal. The appellant filed O.S.No. 168 of 1955 in the District Munsif’s Court, Ambasamudram, against her husband Mayakrishna for partition and separate possession of a half share and also for her maintenance on a charge of certain properties, including the present suit properties, impleading the mortgagee Mayilerumperumal as the second defendant in the suit. She obtained a preliminary decree for partition and maintenance at Rs. 15 per mensem on a charge of the suit properties subject to the suit under Exhibit A-l on 9th July, 1956 and she obtained the final decree, Exhibit A-7, on 5th August, 1957. Subsequently she filed E.P. No. 430 of 1966 and brought the suit properties to sale

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