KESAVAN NAMBOODIRI Vs. B.S. RADHAKRISHNAN

JUDGEMENT

(1.) The plaintiffs came up with this appeal against the dismissal of the suit by the decree and judgment of both the Trial Court (Munsiff's Court, Attingal) in O.S.No.122/1995 and the First Appellate Court(Subordinate Court, Attingal) in A.S.No.41/1997.

(2.) The subject matter of the suit comes to 18 cents of property comprised in survey No.1189/A of Attingal Village. There is no dispute that the said property originally belonged to one Sankaran Nair, that during his life time he had executed Ext.A1 mortgage deed dated 21/11/1951 for an amount of Rs. 500/- in favour of one Bhavani Amma, and that she had inturn assigned the mortgage on 12/10/1953 in favour of one Pankajakshi, who had inturn executed another assignment of mortgage under Ext.A3 on 20/05/1955 to one Bhaskaran. The legal heirs of Bhaskaran subsequently entered into Ext.B4 partition in the year 1991, by which C schedule in the partition was allotted to the share of defendants and thereby they became mortgagee in assignment over the property.

(3.) While so, on 18/1/1954, the Janmam right holder over the property Sankaran Nair assigned the Janmam right under Ext.A2 document in favour of Vishnu Namboodhiri, Vasudevan Namboodhiri and Narayanan Namboodhiri. Narayanan Namboodhiri, the brother of Vishnu Namboodhiri and Vasudevan Namboodhiri, died intestate and issueless, and thereby Vishnu Namboodhiri obtained 8/11 right over the property and the remaining 3/11 right by Vasudevan Namboodhiri. The 8/11 fractional interest held by Vishnu Namboodhiri over the 18 cents of mortgaged property was subjected to a partition in the year 1976, by which C schedule property (8/11 fractional interest over the mortgage property having an extent of 18 cents) was allotted to the share of plaintiffs. The suit was filed for redemption of mortgage on 20/03/1995 by the plaintiff.