DIVAKARA PANICKER Vs. MOHAMMED

JUDGEMENT

(1.) The suit is for redemption of two items of properties one shown as A Schedule and the other B Schedule. The properties originally belonged to one Kavukutty Amma. In respect of A Schedule property as per Ext. P1 dated 18th Makaram 1122 it was mortgaged to one Vikari Hidrose for a sum of Rs.588.00; the total extent of the property is 42 cents. The execute is to remain in possession of the property, pay the tax due to the state and appropriate the residual income in lieu of interest on the mortgage amount after paying the mortgagor an annual residual rent of 5 paras of paddy and 7 annas subject to the obligation to surrender possession of the property on receipt of the mortgage amount whenever demanded after the expiration of two years. 8 annas out of the rent is to be paid during Onam time. There was a puravaippa also executed in respect of the property on 22nd Midhunam 1123, which is marked as Ext. P2 in the case. As per this document the mortgagee is to appropriate the entire income in lieu of interest on the mortgage amount and the mortgagor had to personally give to the mortgagee an additional interest of 2 paras of paddy.

(2.) In respect of B Schedule property Kavukutty Amma had mortgaged the same in favour of one Kadar Pillai for Rs.154.00 on 25/11/1950 as per Ext. P3. As per this mortgage the mortgagee is to remain in possession of the property paying the tax due to the state and after appropriating the income in lieu of interest on the mortgage amount he is to hand over to the mortgagor annually by way of residual rent 4 paras of paddy with obligation to surrender possession of the property on receipt of the mortgage amount whenever demanded by the mortgagor. There was a further mortgage in respect of the same for a sum of Rs.100.00 on 6/4/1953. Since the execution of this mortgage, the mortgagee, was to appropriate the residual rent payable by him as per the earlier document in lieu of interest upon the further amount advanced so much since that date he was not liable to pay any rent at all to the mortgagor.

(3.) The equity of redemption in respect of the two properties were purchased by the plaintiff from Kavukutty Amma as per assignment deed Ext. P5 in 1965. The mortgage right in respect of both the items was purchased by the defendant, who then came into possession of the property as per assignment deeds Ext. D3 and D4 Ext. D3 in respect of the plaint A Schedule and D4 in respect of B Schedule; they are dtd. 12/1/1955 and 16/1/1955 respectively. The plaintiff filed suit for redemption and recovery of possession of both the items on payment of the amounts due as per the aforementioned two mortgages and Puravaippas, with mesne profits from the date of deposit of the redemption price at the rate of 100 paras of paddy and Rs.150.00 per annum.