KURUMPAKOEHIKA Vs. NARAYANA PILLAI

JUDGEMENT

(1.) The short point for consideration in this Second Appeal is whether the plaintiffs appellants are entitled to exercise their right of redemption. The Trial Court held that the plaintiffs are entitled to recover possession of the plaint items on depositing certain amounts mentioned in the decree. But on appeal by the plaintiffs, the learned District Judge, Mavelikara, has reversed the decision of the Trial Court and held that the plaintiffs are not entitled to redeem the suit properties and in consequence, has dismissed the suit. The plaintiffs have come up in Second Appeal to this court.

(2.) The circumstances under which the plaintiffs instituted the present suit for redemption claiming a right in them are briefly as follows:

(3.) The suit properties belonged to the second plaintiff and on 10-12-1103 he executed a mortgage in favour of one Chanda Pilla Chacko. On 11-6-1105, the second plaintiff along with his sister, executed a second mortgage as evidenced by Ex. B in favour of one Krishna Pillai, the deceased father of the defendants. In or about 1107 the second plaintiff appears to have sold some of the suit items to his wife the first plaintiff as is evidenced by Ext. A. The first mortgagee Chacko filed a suit O. S.123/1108 District Munsiffs Court, Mavelikara and obtained a decree on his mortgage on 28-2-1108 as evidenced by Ext. 1. The present plaintiffs were parties to that suit but the second mortgagee namely, the father of the present defendants, was not made a party. It is also seen that Chacko, in pursuance of the decree in his favour, purchased the properties in court auction and also got delivery on 27-2-1110. Chacko appears to have sold his entire rights in the properties to one Doctor Cheriyan on 26-7-1111-Vide Ext. 4.