KOLAPPA PILLAI Vs. KRISHNA PILLAI

JUDGEMENT

(1.) Plaintiff is the appellant.

(2.) The plaint schedule property belonged to one Narayana Pillai, having been allotted to him in partition of his tarwad. It was then outstanding on a possessory mortgage. Narayana Pilla executed a hypothecation in respect of the equity of redemption which was put in action culminating in a court sale in O.S. No. 47 of 1109 on the tile of the District Munsiff of Trivandrum. Pending execution, but before the court sale, Narayana Pillai died; and Janaki Amma, who was alleged to be his widow, was impleaded as his legal representative, The execution sale was had with her as his sole legal representative. The property was taken delivery of by the plaintiff, but on an application by the mortgagee it was redelivered to the latter. Plaintiff has therefore instituted this suit for redeeming the mortgage.

(3.) As regards the status of Janaki Amma, there is no evidence to prove that she was the widow of Narayana Pillai, the judgment - debtor and therefore an heir to him. Plaintiff, as Pw. 1 in the case, disowned knowledge of her relation with Narayana Pillai as he was a stranger to the locality, though he had seen them living together. No other evidence was adduced by the plaintiff. On the other hand the defendant has sworn, as Dw. 2, that he bad all along been a neighbour to Narayana Pillai who had married Lakshmi Amma through whom he had two daughters, and that she died long before the court sale and that Narayana Pillai never remarried. One of the daughters of Narayana Pillai has been examined in this case as Dw. 1. She had also sworn that she was never aware of her father having contracted a second marriage. Such being the evidence, the finding of the court below that Janaki Amma was not the widow of Narayana Pillai, the judgment - debtor in O.S. No. 47 of 1109, has only to be accepted.