DEVAKI KUTTY AMMA Vs. KANDANAKAN

JUDGEMENT

(1.) The plaintiff and defendants 4 to 7 in O.S. No. 419 of 1947 the Palghat Munsiffs Court, a suit for redemption of a usufructuary mortgage, are the appellants in this second appeal. The plaintiff is the father of defendants 4 to 7 and in the suit as originally brought by him, his children were not impleaded. The Trial Court decreed the suit.

(2.) The decree, however, was set aside by the Subordinate Judge of South Malabar at Palghat (A. S. Nos. 1 and 2 of 1950) and the case remanded for fresh disposal on all points after framing an issue .relating to the title of the plaintiff. Defendants 4 to 7 were thereafter brought on record and it is not now disputed that it is they and not the plaintiff who is entitled to redeem the property.

(3.) The decretal portion of the Trial Court judgment after remand reads as follows:-