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1991 Supreme(Online)(Ker) 43

KERALA HIGH COURT
, J
Santhamma v. Raghavan Pillai


1S. A. No. 591 of 1990 arises out of O. S. No. 404 of 1983 and the legal representative of the defendant is the appellant. S.A. No. 606 of 1990 is against the decree in O. S. No. 27 of 1984 and legal representative of the 2nd defendant is the appellant. These two suits were jointly tried. O. S. No. 404 of 1983 is for redemption of a mortgage Ext. A1 dated 27-7-1965 and a purakkadam Ext. A2 dated 26-2-1969 in favour of the 2nd defendant's brother. The brother assigned the mortgage right to the 2nd defendant under Ext. B3 dated 19-12-1968. O. S. No. 27 of 1984 is a suit to set aside a sale deed Ext B5 dated 7-6-1969 executed by the 1st defendant in favour of the 2nd defendant, and to direct the defendants to execute a sale deed in favour of the plaintiffs for the same consideration.

2The plaint schedule property, 9 cents and two buildings, was allotted to the mother who was the 1st plaintiff in O. S. No. 404 of 1983 for life (the 2nd plaintiff in O. S. No. 27 of 1984) under Ext. A3 partition deed dated 23-1-1961 with the vested remainder to the 6 children. Under the provisions of that document the mother was given a life estate and she was allowed to encumber the property upto the ext













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