C. LUCY GREYA Vs. GNANADEEPAM DALEELA

JUDGEMENT

(1.) The defendants are the appellants. The suit was instituted for redemption of a mortgage executed in the year 1962 and for recovery of possession of the mortgaged property.

(2.) The case of the plaintiff is stated thus :

(3.) The second defendant remained ex parte. The first defendant filed written statement contending that Ext. A1 is not a mortgage but is a kuzhikanam document and that it was obtained by the mother of the first defendant for enjoyment and for residence. The mother executed a settlement deed in favour of the first defendant as per document number 1420/1976 and since then the defendants have been in possession of the property. It is further contended that they have effected improvements to the tune of Rs. 20,000/-. They contended that they are entitled to fixity of tenure. In the alternative, a plea of kudikidappu was also raised.