PARAMESWARAN NAIR Vs. RAMAN NAIR

JUDGEMENT

(1.) This second appeal arises out of a suit for cancellation of a release deed. The plaintiffs thavazhi of which defendant 1 is the kar-navan had a mortgage right evidenced by Ex. VIII. This right was released by defendant 1 alone to the assignee of the equity of redemption by Ext. A in 1119. The suit was for cancellation of Ext. A. The Trial Court decreed the suit holding that the release was executed without the consent of all the members of the tarwad and that defendant 1 by himself was incompetent to execute it. The lower appellate court reversed this decree and dismissed the suit. So plaintiffs have come up in second appeal.

(2.) It has been held in several cases of which one is XI TLJ 240 that the karnavan by himself is competent to execute a release and that since the mortgagor and persons claiming under him are entitled to get back the property on payment of the mortgage money no question of tarwad necessity will arise in such a case. It was urged by the appellants counsel that Ext. A was executed for no consideration at all. There was no case in the lower courts that defendant 1 had not received the money recited in Ext. A as consideration therefor, and there is also clear evidence in the case that he has received the same. Another argument advanced here by the appellants counsel was that defendant has not received the full value of the improvements. On the evidence we are not satisfied that he has not received the full value for the improvements. The result is that the second appeal fails, and it is accordingly dismissed with costs.