CHERPPAN NADAR NARAYANAN NADAR Vs. KUMARAN KOCHUMMINI

JUDGEMENT

(1.) The 2nd defendant has preferred this second appeal against the decree passed by the District Court, Trivandrum, dismissing the appeal from the preliminary decree passed by the Munsif allowing a suit for redemption of a mortgage, Ext. P1, of the year 1097 M. E. executed in favour of the predecessor in interest of defendants 1 to 5.

(2.) The plaint property was kandukrishi thanathu land. The Special Tahsildar, Neyyattinkara, by Ext. D1 order passed during the pendency of the suit, granted registry of the property to the defendants 1 to 5. The 2nd defendant, among other things, contended that the plaintiffs have lost their right to redeem as the registry did not enure to the benefit of the plaintiffs. This contention was overruled by the courts below. Hence this second appeal.

(3.) Then the second appeal came up for hearing before a learned single Judge, he found difficulty in reconciling the decision of the Division Bench in Neelakanta Pillai v. Madhavan Nair 1965 KLT 537 and the two decisions by the learned singe Judges in Kumaramkari Devaswom v. Chacko 1960 KLT 800 and Chacko v. Janaki Amma 1961 (2) KLR 407 . So he directed that the papers may be placed before the learned Chief Justice for the case being placed before a Full Bench; and the learned Chief Justice has ordered the appeal for being posted before a Full Bench, and that is how the appeal has come before us.