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1957 Supreme(Mad) 263

GANAPATIA PILLAI
P. Veeranna Thevar – Appellant
Versus
Karuppayi – Respondent


Advocates:
K. Veeraswami and V. Ramaswami, for Appellant.
R. Aravamuda Ayyangar, for Respondents.

Judgment

The appellant in this second appeal was the plaintiff in a suit for redemption of a usufructuary mortgage Exhibit A-4 of the year 1917. His case was that the mortgaged property belonged to one Mayandi Thevar who had mortgaged it usufructuarily in favour of one Chinna Thevar for Rs. 125 in 1917 and he was the purchaser of the equity of redemption. This Chinna Thevar is the deceased husband of the 1st defendant in the suit. In 1927, the mortgagee Chinna Thevar executed a sub-othi Exhibit A-5 of the suit property in favour of his younger brother the 2nd defendant. The 3rd defendant in the suit is a still younger brother of the mortgagee under Exhibit A-4. The main contest was raised by the 3rd defendant who contended that he was the owner of the property in dispute having acquired it in an oral partition in his family and also by adverse possession. The truth and genuineness of the mortgages Exhibits A-4 and A-5 were also put in issue. The trial Court found that Exhibits A-4 and A-5 were true and genuine but on the question of paramount title pleaded by the 3rd defendant it found against him because it specifically held that neither the oral partition nor the adverse possessio




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