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2002 Supreme(Mad) 443

K.GOVINDARAJAN
Balammal Nadachi – Appellant
Versus
Selvanayagam @ Kumarachandraperumal – Respondent


Advocates Appeared:
Mr.K.V. Subramanian, for Mr.T.R.Rajaraman for Appellant. Mr.K. Sreekumaran Nair, Advocate for Respondents.

Judgment :

1. Thedefendants 1 and 2 who suffered decree, have filed this Second appeal.

2. The suit properties, namely, plaint 'A' schedule properties, originally belonged to one Perumal Kunjirayumman. He died and his entire rights devolved on his 3 sons, namely, defendants 2 and 3 and the plaintiff. According to the plaintiff, he is entitled to one third share in the 'A' schedule property. Item No.1 in 'A' schedule properties was the subject matter of a prior mortgage with the 1st defendant. Subsequently, the same was renewed under the mortgage deed dated 29.1.1951 marked as Ex.A1. Even item No.2 which is also described as 'B' schedule property, was the subject matter of prior mortgage in favour of a stranger. The said mortgage was executed by Perumal Kunjirayumman and his brother Chidambaranathan on 29.10.1912. Under Ex.A1, it is stated that that mortgage has to be redeemed from the prior mortgagee, as the mortgagee subsequently assigned his entire mortgage right in respect of plaint 'B' schedule property in favour of one Sevithiyan Nadar, son of Anthony. The said Sevithiyan Nadar again assigned his mortgaged right in favour of the 2nd defendant in the suit. The 2nd defendant rel



























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