ADOOR P B SAMOOHAM Vs. LEKSHMI AMMAL

JUDGEMENT

(1.) THE question that arises for determination in this second appeal filed by the plaintiff in a suit for redemption of Ext. P1 mortgage dated 3-5-1965 and recovery of possession, is whether a mortgagee has to satisfy the court that he has been in actual continuous possession of the property for a period of not less than 50 years, immediately preceding 1-1-1970 in order to secure the benefits of S. 4a (1) (a) of the Kerala Land Reforms Act, hereinafter called the Act.

(2.) THE suit was resisted by the defendant on several grounds. Negativing the contentions raised by the defendant, a preliminary decree for redemption of the mortgage was passed by the trial court.

(3.) THIS second appeal has been filed challenging this decree and judgment.