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1930 Supreme(Mad) 232

A.AIYAR
Moovvara Kakkamvelli Lakshmi – Appellant
Versus
Thazhathitathil Krishna Kurup – Respondent


JUDGMENT

Anantakrishna Aiyar, J.

1. The appellant before me was the 3rd plaintiff in O.S. No. 205 of 1921 on the file of the District Munsifs Court of Badagara. The suit was for redemption of four items of properties on the footing of a mortgage. The plaintiffs got a decree in the Trial Court for redemption but only in respect of three of the four items mentioned by them in their plaint. The decree directed that on payment by the plaintiffs into Court of a particular amount found to be due on the mortgage, the defendants should put the plaintiffs in possession of the three items. The plaintiffs paid the money into Court in accordance with the directions contained in the decree and obtained possession of the items decreed to them by the Trial Court. The 3rd plaintiff however preferred an appeal to the Lower Appellate Court against that part of the Trial Courts decree which disallowed her the other item claimed in the plaint. The result of the appeal was that the Appellate Court modified the decree of the Trial Court by decreeing the other item also in favour of the 3rd plaintiff. The 3rd plaintiff (the decree-holder) having obtained possession of this extra item which she succeeded in



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