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1936 Supreme(Mad) 301

HORWILL
Kizhakkepati Thavazhi Tarwad Karnavan and Manager, Narayanan Nair – Appellant
Versus
Thavalapara Komlis son Chekunhi – Respondent


JUDGMENT

Horwill, J.

1. The appellant and one Karthiyayini Amma, a lady of his tarwad, executed a kanom kychit in favour of defendants 9 and 10; and the appellant, as the karnavan of the tarwad, brought this suit for the redemption of the prior mortgages. The suit was decreed by the District Munsif of Walluvanad but in appeal the Subordinate Judge of Ottapalam has given three reasons why the suit should not be decreed. The first is that the suit was premature, in that it was brought before the expiration of the period of the mortgage. The second is that the suit is not maintainable without Karthiyayani Ammas heirs being made parties to the suit, as the kychit was executed by her and the plaintiff jointly and not by the tarwad as represented by them. The third objection to the plaintiffs suit is that he has not asked to be allowed to redeem the whole of the property mortgaged. In appeal all these points have been argued, except that the finding of the learned Subordinate Judge that the kanom kychit was executed by the plaintiff and Karthiyayini Amma in their personal capacities and not on behalf of the tarwad has been accepted. It therefore follows that Karthiyayini Amma must be added









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