IDIKKALI PARVATHY AMMA Vs. CHERIYAN

JUDGEMENT

(1.) Defendants 1 and 4 are the appellants. The suit is for redemption. The properties mentioned in the plaint are comprised in two survey numbers 556/4 A measuring 31 cents and 556/4 B measuring 1 acre and 40 cents. It is alleged that these properties belonged to the Thuruthiyil Tarwad and they mortgaged them on 9.9.1080 under Ext. A. The plaintiff's father Kiriyan Kochu Cheriyan purchased the equity of redemption of the properties under Ext. B from the Thuruthiyil Tarwad. By virtue of Ext. C partition among the children of Kiriyan Kochu Cheriyan and Ext. D sale deed the equity of redemption devolved on the plaintiff. The defendants are in possession of the plaint schedule properties under Ext. A mortgage. Plaintiff therefore sued for redemption of the properties on payment of the mortgage money due.

(2.) The learned Munsiff found that S. No. 556/4 A is included in Ext. A mortgage, that even though the property was registered in the name of Chirutha Idikali it is only an accession to the mortgage holding an that the defendants having obtained an assignment of Ext. A mortgage are estopped from contending that S. No. 556/4 A is not redeemable. It was also held that the plaintiff is entitled to get mesne profits from the property at the rate of 112 paras of paddy and 5 fanams per annum till delivery of the property through court.

(3.) Ext. A is the mortgage dated 9.9.1080 sought to be redeemed in this suit. It is executed by Narayanan Aiyappan of Thuruthiyil House in favour of Aiyappan Sankaran. This document includes the entire property comprised in the two S. Nos. 556/4 and 556/4 B. Ext. A is for 16 paras of paddy land. 10 paras of land out of this is stated to be in the possession of the prior mortgagee Chirutha Idikali under the prior mortgage of 1050 and subsequent purakkadams and redemption thereof is directed from the mortgagees. The remaining 6 paras of land included in Ext. A is stated to be in the possession of the mortgagor Naryanan Aiyappan and possession thereof is stated to have been handed over to the mortgagee under Ext. A. Ext. A shows that the prior mortgage mentioned therein was one executed by Narayanan Krishnan of Thuruthiyil house in favour of one Krishnan Aiyappan of Kaliyakkal house in the year 1050. This mortgage right was assigned in favour of Chirutha Idikali the mother of 1st defendant in the year 1053. Two purakkadams of the years 1065 and 1074 are stated to have been executed subsequently in favour of Chirutha Idikali in respect of this property. Ext. F dated 9.12.1065 is one of these purakkadams. It clearly states that the property included in the mortgage of 1050 is 10 paras of paddy land in lekkoms 1 to 10. That this is the property comprised in S. No. 556/4 B is admitted by the parties. Therefore the property that was directed to be redeemed from the prior mortgagees in Ext. A is S. No. 556/4 B. It is also admitted that S. No. 556/4 A is a puthuval registry in favour of Chirutha Idikali.