NARAYANA KEKUNNAYA Vs. MELOTH CHATHUKUTTI NAMBIAR

JUDGEMENT

(1.) The plaintiffs, whose suit O. S.212/1951 for redemption of the mortgage after taking an account has been dismissed by the learned Subordinate Judge of South Kanara, are the appellants before us.

(2.) The plaintiffs case was that the properties mentioned in the schedules A to C of the plaint originally belonged to a tarwad known as the Kuikolari tarwad. The second plaintiff is the present Karnavan of the said tarwad. The properties were usufructuarily mortgaged on 4-9-1888 by the tarwad for Rs. 2000/- to one Meloth Rama of the tarwad of defendants 1 and 2, for a period of 30 years as evidenced by Ext. B1. Subsequently, for the aggregate amounts then due, the mortgagors executed, on 26-9-1909, a usufructuary mortgage for Rs. 5,981 - vide Ext. Al. The mortgage under Ext. Al was fora period of 40 years from the date of the expiry of the 30 years mentioned in Ext. B1. According to the plaintiffs, the plaint A and C schedule properties were in the possession of the mortgagors themselves as lessees and the B schedule items alone were in the possession of the mortgagees. On 25-5-1950, the properties comprised in A and B schedules were sold to the first plaintiff under Ex-A2 with a direction to redeem the mortgage under Ext. Al. The C schedule properties were retained by the tarwad of the mortgagors. Therefore, the suit was filed for redemption, after making the necessary adjustments under the provisions of the Madras Agriculturists Relief Act, the first plaintiff claiming redemption of the A and B schedule properties and the second plaintiff of C schedule items.

(3.) The plaintiffs also contended that the sale of the B schedule properties under the Revenue Recovery Act due to the default of the mortgagees is not binding on the plaintiffs and in any event, they claim compensation for loss of the property.