BHARATHI Vs. AYISSA UMMA

JUDGEMENT

(1.) The second appeal is filed by defendants 5 and 7 to 9 against the decree allowing the plaintiff to redeem Ext. A1 dated 19-7-1933 and to recover possession of the properties comprised therein from the defendants.

(2.) The plaint property belonged to Marath tarwad and the karnavan thereof had executed a possessory mortgage in respect of the same to Unniali who is the husband of the plaintiff. Unniali executed a sub mortgage in favour of the defendant and Ext. A1 is the kychit executed by the latter in favour of Unniali. The plaintiff claiming to have purchased the equity of redemption of the plaint property from the Marath tarwad under Ext. A2 on 6-1-1936 has instituted the suit for redemption of the sub mortgage in favour of the defendant. The defendant died pending suit and his legal representatives some of whom are the appellants have been impleaded. The Trial Court held that the suit for redemption of the sub mortgage by the plaintiff is not maintainable and the plaintiff cannot also recover possession of the plaint items as the transaction evidenced by Ext. A1 is a kanam.

(3.) The appellate Judge did not specifically deal with the question of the maintainability of the suit but held that the transaction evidenced by Ext. A1 is a Kaivasa Panayam and decreed the suit.