Kerala Court May 1966 Judgments

Narayani Amma Kalliyani Amma and anr. Vs. Naravani Amma Lekshmi Amma

Court: Kerala

Reported in: AIR1967Ker90

T.S. Krishnamoorthy Iyer, J.1. Defendants 1 and 2 are the appellants and the appeal arises out of a suit filed by the plaintiffs for redemption and recovery of possession of the plaint property outstanding on mortgage.2. The facts alleged in the plaint are stated below. The plaint property 52 cents in extent is the separate property of Narayanan Kesavan, having been acquired by him along with other properties under Ext. C sale deed dated 5-9-1066. The property comprised in Ext. C is 26 parahs 3 edangazhies of paddy land. Narayanan Kesavan executed Ext E mortgage dated 26-12-1068 and Ext. E purakadam dated 19-7-1084 in respect of the property comprised in Ext. C in favour of Narayanan Unni. Narayanan Unni assigned the mortgage right over the plaint item after receiving the proportionate mortgage money to Narayanan Krishnan under Ext. III, dated 7-8-1084. The mortgage right of Narayanan Krishnan devolved on defendants 1 and 2. An assignee of the mortgage from Narayanan Krishnan had execu...