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1958 Supreme(Mad) 1

RAMASWAMI
Muhammad Mohideen Rowther – Appellant
Versus
N. N. H. Mohammad Mohideen Rowther – Respondent


Advocates Appeared:
K.S. Champakesa Iyengar and K.C. Srinivasan, for Appellant; R. Kesawa Iyengar and K. Parasaram, for Respondent.

Judgement

JUDGMENT : This second appeal and the memorandum of objections arise out of the decree and judgment of the learned Subordinate Judge of Ramanathapuram in A. S. No. 8 of 1954 modifying the decree and judgment of the learned District Munsif of Satlur in O. S. No. 209 of 1952.

2. The facts are: Mussafar Rowther and his son Muhammad Sultan executed a mortgage in favour of Hameed Rowther, father of defendants 1 to 3 for Rs. 272 on 1-8-1930; vide Ex. A-1. The plaintiff has purchased the equity of redemption from the mortgagors under Ex. A-4 dated 10-7-1952 for Rs. 300/- and filed the suit for redemption out of which this second appeal arises. Defendants 2 and 3 disclaimed any interest in the mortgaged property. It is unnecessary to go into the various points of controversy raised in the plaint and in the written statement because in this second appeal we are only concerned with the determination of the controversy whether the plaintiff is entitled to redeem the property for the amount mentioned in Ex. A-1 or whether he should also pay the mortgagee costs of repairs which have been assessed at Rs. 1000/- by the learned District Munsif and upheld by the learned Subordinate Judge.

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