ISSACK Vs. PAPPU NAIR

JUDGEMENT

(1.) THE plaintiff in a suit for redemption of a mortgage is the appellant in this appeal. The mortgage is of the year 1103 M. E. Ex. D-l Ms the mortgage deed. By this deed the mortgagees, Iype and Sara were authorised to redeem an earlier mortgage. They redeemed the earlier mortgage and came into possession of the property by Ex. D-4 document dated 31-9-1112. What had been mortgaged as per ex. D-l was a leasehold right from a Devasworn.

(2.) THE Devasworn obtained a decree for eviction with arrears of rent against the lessee-mortgagor on 28-6-1111. The mortgagees were also parties to the decree. It was after this decree that the mortgagees got release of the earlier mortgage and got possession of the property.

(3.) THE defendant got assignment of the rights of the mortgagees, evidenced by the deed of assignment Ex. D-5 dated 31-9-1112; the mortgagor's right devolved on the plaintiff.