KOCHU PENNU APPI PENNU Vs. KALYAMBI NANAN

JUDGEMENT

(1.) The only question in this second appeal relates to the effect of conflicting decisions on a plea of res judicata.

(2.) Defendants 1 and 2 are the appellants. The suit is for redemption of Ext. A2 mortgage and for recovery of possession of the plaint property 84 cents in extent.

(3.) The property belonged to one Valli Easwari. On her death her minor children represented by their legal guardian executed Ext. A2 mortgage dated 27-7-1123 to one Kurumba. There is no dispute that the equity of redemption now vests in the plaintiffs as per sale deed Ext. A1 dated 22-2-1962 There is also no dispute that the mortgage rights now vest in the 1st defendant under Ext. A3 assignment dated 18-6-1124. The suit is resisted by defendants 1 and 2 contending that the transaction Ext. A2 is a lease and not a mortgage. The Trial Court dismissed the suit holding that Ext. A2 evidences a transaction of lease and not a mortgage. The appellate court reversed the decision of the Trial Court and decreed the suit. It is against this that the defendants 1 and 2 have come up in second appeal.