1973 Supreme(Mad) 170
RAMANUJAM
O. M. Jalali – Appellant
Versus
Anusuddin – Respondent
Advocates:
M.S. Venkatarama Iyer and M.I. Meeran Sahib, for Appellant; V. Ratnam, for Respondents.
JUDGEMENT :- The first defendant is the appellant. The suit is one for redemption of the usufructuary mortgage deeds, Ex. B-1 dated 29-3-1859 and Ex. B-2 dated 30-3-1889 for Rs. 100 and Rs. 150 respectively executed by one Ansuddin, the grand-father of the plaintiffs and the second defendant in favour of one Mohammed Noohu. The plaintiffs' case is that the suit property measuring one acre and three cents belonged to their grandfather, Ansuddin, that the said Ansuddin had created the said two mortgages over that property, that the period prescribed for redemption under both the documents was one year, that there has been a partition in the family of the mortgagee, Mohhammad Noohu where under the suit mortgages had been allotted to one Ahmed Ali Bathumal, that her father and guardian had assigned the usufructuary mortgages to the first defendant under a registered deed of assignment dated 5-6-1911 and that since then the first defendant as an assignee of the mortgages has been in possession and enjoyment of the suit land. The further case of the plaintiffs is that after the death of the mortgagor, Ansuddin. the equity of redemption had devolved on Mohideen Abdul Kader, the father of
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