NARASIMHAN EMPRAN Vs. VENKITARAYAN EMPRAN

JUDGEMENT

(1.) These Second Appeals are directed against an appellate decree of the District Judge of Alleppey by which the learned Judge reversed the Trial Court's decree dismissing a suit for redemption of an otti and granted to the plaintiffs a decree as prayed for in their plaint.

(2.) The owners of the plaint schedule property created three successive mortgages in respect thereof in favour of three different persons. The first one was in 1090 and was by way of a hypothecation in favour of a church. The second mortgage was in 1100 and was in the form of an otti in favour of defendant 1. On the self same date as the otti deed the mortgagors took back the properties under a lease arrangement. While thus in possession the mortgagors executed the third mortgage in 1102, a melotti in favour of plaintiff 2.

(3.) The melotti was soon followed by a suit by the hypothecatee church to realise the amounts due under the bond in its favour. To this suit the melottidar (plaintiff 2) and the mortgagors were made defendants, but not defendant 1, the ottidar. In execution of the decree passed in the suit the plaint property was brought to sale and the predecessor in interest of defendant 2 purchased the same. The purchaser was however not able to obtain possession as in the meanwhile defendant 1 brought a suit on foot of the lease back and in execution of the decree passed therein recovered possession from plaintiff 2, who by that time had also taken a sale deed from the mortgagors.