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1972 Supreme(Mad) 168

G.RAMANUJAM
C. P. Janammal alias Janaki Ammal – Appellant
Versus
C. M. Ranganathan – Respondent


Advocates:
V. Vedantachari and T. Rangaswami Ayyangar, for Appellants.
M. Srinivisan and K. Rajagopal, for Respondents.

Judgment:-

This second appeal filed by the appellant-plaintiff arises cut of a suit for redemption of a usufructuary mortgage Exhibit A-1 dated 29th June, 1915. One Kuppuswami Iyengar usufructuarily mortgaged the suit property under Exhibit A-1 to one Varadachariar, the defendant’s father. In pursuance of the mortgage the said Varadachariar and after his death the defendant was in possession of the property. Kuppuswami Iyengar, the mortgagor sold the equity of redemption to the plantiff’s husband under a sale deed Exhibit A-2 dated 20th March, 1919. The plaintiff’s husband however was adjudicated insolvent in I.P. No. 454 of 1929. The said adjudication was annulled under Exhibit B-1 dated 17th August, 1953 but the Court directed the continuance of the vesting of the property in the Official Assignee. Subsequently the insolvent died and his wife has filed the suit for redemption of the mortgage. The plaitiff claimed that she and her predecessors-in-interest are agriculturists entitled to the benefit of Madras Act IV of 1938 and that the mortgage debt has therefore been wiped out under section 9 (A) of the said Act.

2. The suit was resisted by the defendant contending that the equity o



















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