MERCY Vs. DESAN

JUDGEMENT

(1.) The Civil Revision Petition has been filed to set aside the fair and decreetal order, dtd. 19/7/2012, in I.A.No.239 of 2011 in O.S.No.172 of 1973 passed by the I Additional District Munsif Court, Kuzhithurai.

(2.) The brief facts of the case are as follows:

(3.) The learned counsel for the petitioners would submit that the petitioners are the assignees of the decree in O.S.No.172 of 1973 from the original plaintiff K.Chellayyan Nadar. The said K.Chellayan Nadar, had entered into an usufructuary mortgage with the predecessors of the respondent on 19/12/1961 and had handed over the possession of the property to the mortgagees. The plaintiff K.Chellayyan Nadar, had filed a suit for redemption in O.S.No.172 of 1973, on the file of the I Additional District Munsif Court, Kuzhithurai and the suit came to be decreed in his favour on 15/7/1976. Against the judgment and decree in O.S.No.172 of 1973, the predecessors of the respondent/defendant filed appeal in A.S.No.103 of 1977, on the file of the Subordinate Court, Kuzhithurai. The said appeal was dismissed on 10/8/1977. After the dismissal of the appeal, the original plaintiff K.Chellayan Nadar assigned the judgment and decree in favour of the Revision Petitioners, by a registered deed of assignment, registered at the office of the Sub Registrar, Kollankode on 8/11/1976.