GOURI AMMA Vs. KOCHALI AMMA

JUDGEMENT

(1.) THE 11th defendant in a suit originally -filed on 8 71123 M. E. against 4 defendants for redemption of a mortgage dated 18 61109, ext. C being a copy of the mortgage deed, is the appellant.

(2.) THE suit was at first dismissed. Later, on 5 31956 a. D. it was restored to file. After restoration, in 1956 itself on a petition filed by the plaintiffs, defendants 5 to 23 were impleaded as additional defendants. In 1958 the plaint was amended including an additional prayer for recovery of possession of plaint B schedule item 1 on the strength of title.

(3.) THE wife and children of Raman Pillai obtained a decree in O. S. 1294 of 1100 on the file of the Munsiff, Quilon, for the amount directed in Ext. B to be paid to them. THE 6th plaintiff in the present suit filed O. S. 750 of 1106 in the Quilon Munsiff's court to cancel that decree. Pending that suit there was a compromise of the disputes. It was pursuant to the compromise that the mortgage was executed on 18 6 1109 in favour of the wife and children of Raman Pillai including in it plaint A and B schedule properties. Under it possession was given to the mortgagees only of A schedule properties. By successive assignments the mortgage right became vested in defendants 1 to 4.