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2000 Supreme(Mad) 900

K.SAMPATH
Krishnan and others – Appellant
Versus
Subhashini and others – Respondent


Advocates:
Mr. P. Anantha Krishnan Nair, Advocate for Appellants. Mr. K. Sreekumaran
Nair, Advocate for Respondents.

Judgment :

1. Plaintiffs 2 to 4 in O.S.No.499 of 1984 on the file of the Principal District Munsif, Kuzhithurai, are the appellants in the second appeal. The suit filed by them and their mother Valliamma for redemption of a mortgage was dismissed by the trial Court and this decision was confirmed in the appeal A.S.No.53 of 1996 filed by them before the learned Subordinate Judge, Kuzhithurai, on 30.4.1998.

2. Thefacts leading to the present proceedings may be stated as follows: The first plaintiff Valliamma in the present proceedings and one Chellappan Pillai were sister and brother. Plaintiffs 2 to 4 are the children of the first plaintiff. The first defendant is the wife of one Kuttan Panicker. The second defendant is the daughter while the third defendant is the daughter’s husband. On 21. 1968 under Ex.A-1 Valliamma created an othi in favour of the first defendant. The extent was 2 cents. The description of the property as set out in the plaint is as follows:

“Kadavilagom Purayidom bearing S.No.629 measuring 5 acres 87 cents in the northern portion of 3 acres 2 cents. East of the property in the possession of Kuttan Panicker. South of the property mortgaged (othi) to C.Sathyab




























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