THOMMEN VARKEY Vs. GOVINDAN NAIR MADHAVAN NAIR

JUDGEMENT

(1.) The fourth defendant is the appellant, and the short point for consideration is as to the terms on which redemption of the suit mortgage is to be granted.

(2.) According to the plaintiff, he is entitled to get redemption on payment of the mortgage money alone; whereas according to the appellant, before getting redemption the plaintiff must pay not only the mortgage money but also the arrears of rent or mesne profits subsequent to 9-6-1110.

(3.) Both the courts have accepted the contentions of the plaintiff though for slightly different reasons.