RAGHAVAN VYDIAN Vs. PARVATHI AMMA

JUDGEMENT

(1.) This appeal by the first defendant in a suit for redemption raises a question of law relating to the interpretation of Explanation II to S.4A(1)(a) of Act I of 1964 as amended by Act 35 of 1969.

(2.) The plaint schedule properties are 8 in number. Item No.9 in the schedule is a hut stated to have been then in existence in item No. 5. While items 1 to 3 paddy fields remained in the possession of the mortgagee under Ext. D1 deed of 1075, these items alone with items 4 to 6 garden lands were demised under Otti Ext. P2 dated 12-4-1116 (26-11-1940) by the predecessor in interest of the plaintiff in favour of the 1st defendant. Thereafter, on 7-3-1124 (23-10-1948), under Ext. P4 melotti, items 1 to 8 were further demised in favour of the first defendant.

(3.) In Ext. P2 there is a recital to the effect that the first defendant might pay a sum of 2450 fanams out of the total mortgage amount of 3500 fanams to the mortgagee under Ext. D1 and redeem items 1 to 3. Ext. P1 is the registered deed by which the mortgagee in Ext. D1 released his right over items 1 to 3 and the 1st defendant obtained possession thereof. The first defendant had since been in possession of the property. By virtue of Ext P3 gift deed the equity of redemption came to vest in the plaintiff, who has instituted the present suit for redemption and recovery of possession of the plaint schedule properties redeeming the rights of the defendants under Exts. P2 and P4.