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1979 Supreme(SC) 368

P.N.SHINGHAL, R.S.SARKARIA, O.CHHINNAPPA REDDY
Valliamma Champaka Pillai – Appellant
Versus
Sivathanu Pillai – Respondent


Advocates:
A.V.RANGAM, LILY ISABLE THOMAS, VEPA P.SARATHI

Judgment

R. S. SARKARIA, J. :- This is a plaintiffs appeal directed against a judgment and decree, dated March 26,1964, of the High Court of Madras, passed in Letters Patent Appeal No. 18 of 1961. The relationship of the main contesting defendants will be apparent from the following genealogical table;

2. Valliamma, appellant herein, is the original plaintiff. She is the grand-daughter of Madhavan. Respondents 1 to 3 are the original defendants 1 to 3. They are the grandsons of Sivathanu. The properties in dispute are items 31 to 42 and 44 detailed in the plaint.

3. Between the years 1881-1882, the two brothers Madhavan and Sivathanu mortgaged these properties by way of usufructuary mortgages, which were redeemed by Padmanabhan, father of defendants 1, 2, and 3 between the years 1913 and 1918 by paying the entire redemption money and he alone obtained possession thereof. The redemption was effected by obtaining release deeds from the former mortgagees-in-possession. The particulars of these mortgages and the release deeds executed in favour of the redeeming co-mortgagor are as under:-

(i) Exhibit III, dated September 29. 1059 (1884), is the mortgage executed by the two brothers in resp












































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