MADHAVAN NADAR Vs. KAMALAKUMARI AMMA

JUDGEMENT

(1.) Defendants 1, 2, 5 and 6 in O.S. No. 482/90 on the files of the Munsiff's Court, Neyyattinkara are the appellants in this second appeal. The first appellant died during the pendency of the appeal. His legal heirs, appellants 3 and 4 are already on the party array. The appeal was continued by the remaining appellants.

(2.) O.S. No. 482/90 was instituted essentially for redemption of mortgage. The suit was decreed and the plaintiff was allowed to redeem and recover possession of plaint 'C' schedule items 1 and 2 from the defendants by giving proportionate redemption price to the 1st defendant. Other consequential reliefs were also granted. The judgment and decree was affirmed by the first appellate court and hence this second appeal.

(3.) The bare necessary facts can be summarised as follows: