N CHANDRASEKHARAN NAIR Vs. KALLIANI AMMA GOMATHI AMMA

JUDGEMENT

(1.) The 2nd plaintiff is O. S. No. 131/1966 on the file of the Munsiff's Court, Nedumangad is the appellant. The suit was filed for redemption of a mortgage dated 19th Chingam 1091 M. E. and for recovery of possession of the properties. A preliminary decree for redemption was passed on 15.7.1967 directing the plaintiffs to deposit mortgage amount of Rs. 198/- and the value of improvements of Rs. 3984.95 in favour of the first defendant.

(2.) The 28th defendant claimed tenancy right in the property and the final decree application filed by the plaintiff was dismissed by the Trial Court on 19.7.1971 holding that the 28th defendant has got fixity of tenure in the mortgaged property. The plaintiffs preferred A. S. No. 103/1972 before the Principal Sub Court, Trivandrum and the appellate court by judgment dt. 23.2.76 set aside the final judgment and decree and remanded the case to the Trial Court directing to consider Ext. P2 in the light of the decision of this Court reported in Velayudhan Vivekanandan v. Ayyapan Sadasivan ( 1975 KLT 1 ).

(3.) During the pendency of A. S. No. 103/72 all the properties except plaint 'C' Schedule items 3 and 4 were surrendered by the original mortgagee to the first plaintiff. After remand the Trial Court again decreed the suit for redemption holding that the 28th defendant has no tenancy right in the property. The 28th defendant preferred A. S. No. 261/78 before the District Court, Trivandrum and the District Court allowed the appeal and set aside the final decree in so far as item Nos. 3 and 4 of plaint 'C' schedule claimed by the 28th defendant. Hence the 2nd plaintiff has preferred this second appeal.