MADHAVI AMMA Vs. IDICULLA THOMAS

JUDGEMENT

(1.) First defendant is the appellant. Suit was for redemption and recovery of possession of plaint schedule property which is 22 cents in extent. 44 cents of land including the plaint schedule property belonged to the plaintiff's father Idiculla. By Ext. B-1 or Ext. A-9 dated 30th Meenam 1114M.E. 44 cents of property was mortgaged in favour of the first defendant and three other persons for a sum of Rs. 1,000. In a partition among the mortgagees in the year 1115 plaint schedule property was allotted to the first defendant and the remaining 22 cents was allotted to his sister. On 19th Thulam 1119 the mortgagor Idiculla filed a petition under, S.16 of the Travancore Debt Relief Act, 1116 for settlement of all his debts, and surrendered all his assets to the control of the court. Ext. B-2 is the petition and Ext. B-3 is the order, dated 13th Kumbham 1124 by which that petition was allowed and it is said that the aforesaid petition is still pending final adjudication. On 7th February 1963 under Ext. A-1 sale deed, Idiculla assigned the property to his son the plaintiff. Idiculla died in 1964. The present suit was filed on 6th September 1969 for redemption, on the allegation that the plaintiff is entitled to equity of redemption under Ext. A-1 sale deed.

(2.) First defendant filed a written statement contending that the plaintiff has no title to redeem; that the sale deed in his favour is invalid as he has surrendered all his assets to the Debt Relief Court in D.R.P. No. 7 of 1119 and accordingly he is not entitled to redeem.

(3.) Plaintiff filed another suit O.S. No. 264 of 1969 for redeeming the other 22 cents against the first defendant's sister and it is said that that suit was decreed with which we are not concerned.