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1956 Supreme(Mad) 137

KRISHNASWAMI NAYUDU
K. Sarvotuma Kamath (died) – Appellant
Versus
Abdulla Beary – Respondent


Advocates:
A. Narayana Pai for Appellants.
M. K. Nambiar, M. Raghavan, S. Ramayya Nayak, G. K. Bhat and T. Krishna Rao for Respondents.

Judgment

The plaintiff is the appellant. The suit out of which this appeal airses is a suit for redemption of a usufructuary mortgage, Exhibit A-1, dated 24th July, 1907, executed by two ladies, Parameswari and Devamma, in favour of Raghavayya, for a sum of Rs. 550, the period fixed for payment being thirty years. The right to redeem the property would therefore accrue in 1937. The following genealogical table may be helpful in appreciating the facts of this case.

On 20th October, 1945, the plaintiff acquired the suit properties by sale deed Exhibit A-2 from Appayya, son of Pakkira, who claimed to be the reversioner of the last male-holder Keshava alias Subraya to whom the suit properties belonged. Keshava died issueless in about 1890 and after his death, the parties being governed by Mitakshara Law, Parameswari would be the heir. But the suit mortgage was executed both by Parameswari and her daughter Devamma, sister of the last male-holder Keshava, the recitals in the document showing that the properties belonged to them hereditarily. Parameswari died in 1908, and after her death, Devamma, it appears, applied to have transfer of the registry in her name and having secured it, purpor






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