JUUAXDHAUAN EINBRANTHIRI Vs. MARIAM AND ORS.

JUDGEMENT

(1.) THIS is an appeal by the additional 2nd Plaintiff, who was brought on record as the legal representative of the deceased 1st Plaintiff. The suit is for recovery of the money due under the simple mortgage evidenced by Ext. A dated 17 -l0 -1102. This document was executed by one Geervasis in favour of Seetharama Embranthiri their predecessor -in -interest of the original Plaintiff.

(2.) THE suit was resisted by Defendants 2 to 5, their main contentions being that the suit is barred by limitation and that the documents relied on by the Plaintiff do not contain any proper and valid acknowledgments. The 2nd Defendant set up a plea of discharge also. The 3rd Defendant claimed a portion of the plaint property as belonging to him absolutely and maintained that no decree can be granted against that portion of the property.

(3.) THE first document relied on by the Plaintiff in this connection is the purvaippa deed Ext. F executed by Geervasis himself in favour of the 1st Plaintiff on 4 -10 -1108. This document makes specific reference to the mortgage deed Ext. A and also the subsisting liability under it.