S.MOHAN
K. Ganapathia Pillai – Appellant
Versus
Maheswaran Pillai – Respondent
S. Mohan, J.
1. The plaintiff is the appellant in this second appeal which arises out of a suit for redemption filed by him as O.S. No. 688 of 1970 on the file of the District Munsif of Kuzhithurai. The averments in the plaint are as under:
2. The suit property originally belonged to Kosseri Manakkal Madam. It partitioned the same in 1953 and it was allotted to Narayana Namboodiri and Sankaran Namboodiri. A sale deed was executed in favour of the plaintiff on 22nd December, 1968 under Exhibit A-3. Thus the plaintiff became the owner of the property. The ancestors of the plaintiffs vendor Sankaran Namboodiri demised the suit it property in favour of Nagabharanam Raman and others of Marukathala Veedu of Arashkulam Desam on 10-5-1091 (M.E.), for 1,155 fanams under Exhibit A-1. The document is described as kanam, but the tenure of the plaint schedule property is Sripandaravaka. Even though Exhibit A-1 is described as kanam, it has to be construed as a mortgage deed and the demises are only the mortgagees under the Madam. They paid: mortgage right devolved upon the defendants and they are in possession of the suit property only as mortgages. As per the mortgage deed the annual pat
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