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1987 Supreme(Mad) 309

SRINIVASAN
S. Rosely – Appellant
Versus
Lazar Nadar – Respondent


JUDGMENT

Srinivasan, J.

1. Though the question which arises for consideration in this second appeal is a simple one, it appears to be complicated on account of the trappings, which are usually found in a case from Kanniakumari District. The suit was originally one for redemption of a mortgage dated 11.12.1952, executed by the plaintiff in favour of the first-defendant with reference to an extent of about 20 cents in survey number 3734 in Puthuval Purayidam. The plaintiff got title to the property by a sale in his favour by his mother Nakchithiram under Ex. A-7 dated 7.4.1220 Me. The Plaintiff's mother had in turn purchased the property from one Elias Nadar under Ex. A-4 dated 22.2.1103. On the same day, she executed a mortgage and Kuzhikkonam deed under Ex. B-1 in favour of one Yovan Vedakkannu with reference to an extent of 1 acre, including the present suit-property. The mortgage under Ex. B-1 executed a sub-mortgage in favour of Chellamma and Rosali under Ex. A-10 dated 13.10.1110 Me corresponding to 27.5.1935. Thereafter, Yovan Vedakkannu assigned the right obtained by him under Ex. B-1 to one Devadoss on 1.8.1114 Me under Ex. A-11. The said Devadoss in turn assigned his rights u









































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