R.SUBRAMANIAN
P. Sundarraj – Appellant
Versus
Velu – Respondent
JUDGMENT :
R. Subramanian, J.
1. The plaintiff in O.S. No. 30 of 2006, whose suit for redemption was dismissed by the trial Court, upon affirmation of the said dismissal by the lower appellate Court in A.S. No. 11 of 2012, has come up with this second appeal.
2. According to the plaintiff, the suit properties belonged to one Ramachandran Pillai, a mentally ill person looked after by his maternal uncle, Sanmugasundaram Pillai, as his curator. The said Sanmugasundaram Pillai, in the course of management of the properties, had executed two mortgage deeds, covering to an extent of 21 acres and 24 cents of agricultural land in favour of one Ramaiya Konar, S/o. Thirumalai Konar. The consideration for the usufructuary mortgages dated 15.11.1966 and 02.07.1967, was Rs. 3,500/- and 1,500/- respectively.
3. The said Ramaiya Konar assigned those two mortgages to the defendant in the suit, namely, Velu under two registered instruments dated 15.06.1985. The plaintiff would further contend that the original owner, Ramachandran Pillai died unmarried and his parents predeceased him. The suit properties devolved on his maternal uncle, Sanmugasundaram Pillai, who also, according to the plaintiff, died i
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