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1947 Supreme(Mad) 349

GOVINDARAJACHARI, HAPPELL
S. K. Ramaswami Goundan – Appellant
Versus
S. N. P. Subbaraya Goundan and others – Respondent


Advocates Appeared:
K. Subba Rao and P.S. Kailasam for Appellant.
T.M. Krishnaswami Ayyar and B. V. Viswanatha Aiyar for 1st Respondent.

Happell, J.-

This is an appeal from the judgment in appeal of the District Judge of Coimbatore, dated the 31st March, 1945, confirming the judgment and decree, dated the nth April, 1944, of the Subordinate Judge of Coimbatore in O.S.No. 130 of 1943. The suit out of which the appeal arises, O.S. No. 130 of 1943, was brought for redemption of the suit properties on the footing of a mortgage, Ex.‘P-3 dated 4th June, 1850, executed by one Samanna Goundan in favour of one Krishna Ayyar and one Venkataramana Ayyar and three other persons. Kandaswami Goundan, an undivided son of Samanna Goundan, sold the equity of redemption in the suit properties to the plaintiff on the 29th September, 1938, for Rs. 100. The suit has some remarkable features. Nothing is heard of the suit mortgage between the alleged date of the execution of Ex. P-3, 4th June, 1850, and the sale to the plaintiff on 29th September, 1938. The suit properties, however, had been frequently dealt with by way of mortgage and sale by Krishna Ayyar and Venkataramana Ayyar and their successors for considerable amounts until in 1918 they were sold to the father of the first defendant for Rs. 1,10,000. By the date of suit, it is reas











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