Kerala Court October 1962 Judgments

Cheria Chacko Vs. Kumaran Kesavan and ors.

Court: Kerala

Reported in: AIR1963Ker258

1. This Second Appeal has been referred by a learned Single Judge to the Division Bench as he thought that there was some conflict in the rulings which may govern the decision of this case. The facts of the cast are briefly as follows: The suit was for redemption of a mortgage evidenced by Ext. A executed by one Thommen Cheria, the father of the plaintiff and 4th defendant in favour of the 2nd defendant, after setting aside a safe held in execution. The 1st defendant was the owner of the properties. He executed a kanom in respect of then properties in favour of four strangers. Thommen Cheria purchased the right from one of the kanomdars and mortgaged the same under Ext. A to the 2nd defendant for Rs. 1,000/-. The 1st defendant, Instituted a suit O. S. No. 4/1098 claiming michavaram in respect of these properties. Thommen Cheria was the 7th defendant in that suit. It was alleged by the plaintiff that in execution of the decree in O. S. No. 4/1098 the kanom right in the property was sold...