JOSEPH Vs. SUKUMARA PANICKER

JUDGEMENT

(1.) THE first defendant is the appellant. THE appeal arises out of of a suit filed by respondents 1 and 2 for redemption of Ext. A mortgage dated 7 61111 executed in favour of the appellant for Rs. 785/ -.

(2.) THE properties comprised in Ex. A belonged to the tarwad of respondents 1 and 2. THE members of the tarwad got divided under Ex. B partition deed dated 18 91111. THE first respondent claimed to have purchased item I in Ex. A under Ex. C dated 28 41121 from the sharers in Ex. B to whom this item was allotted. THE respondents admitted that the appellant purchased 1/3 right in the equity of redemption over item 2 in Ex. A.

(3.) ON the above facts, the learned advocate for the appellant raised two contentions. The first is that the respondents can recover only the plot GONH in Ext. XXI plan and the second contention is that even if it is found that respondents 1 and 2 are competent to recover the whole of item 1 and 2/3 of item 2 in Ex. A, the suit is not maintainable as all the persons representing the equity of redemption are not impleaded in the suit.