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S.S.SUNDAR
Nachiyappan – Appellant
Versus
Periyakaruppan – Respondent


Advocates Appeared:
For the Appellant : C. Jeyaprakash
For the Respondent:R. Chandrasekar, M. Vallinayagam, Senior Counsel and J. Bharathan, Advocate (Amicus curiae)

JUDGMENT :

S.S. Sundar, J.

1. The plaintiff in the suit in O.S. No. 124 of 2013 on the file of the District Munsif Court, Devakottai, is the appellant in this Second Appeal. The appellant filed the suit in O.S. No. 124 of 2013 on the file of the District Munsif Court, Devakottai, for redemption of an usufructuary mortgage dated 03.06.1946 and for recovery of possession of the suit property.

2. The case of the appellant in the plaint is that the suit property measuring to an extent of 38 cents in Survey No. 173/6 in Iravucheri Group in Devakottai Taluk, originally belonged to the great grandfather of the plaintiff by name Murugan, son of Thiru. Nachaan and that the said Murugan and his son by name Thothan executed a othi deed dated 03.06.1946 in favour of the predecessor-in-interest of the defendant by name Meenakshi Ammal. It is further stated that five years period was stipulated in the said mortgage deed for redemption. It is also stated by the appellant that the appellant came to know about the details of the mortgage only on 06.06.2003. It is admitted even in the plaint that the appellant had filed a suit earlier in O.S. No. 80 of 2003 before the District Court, Devakottai, for pe

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