ANANCHAPERUMAL YOGEESWARAR Vs. SIVAGURUNATHA PILLAI AND ORS.

JUDGEMENT

(1.) THIS is a Second Appeal from the preliminary decree passed by learned District Judge of Kanyakumari in a mortgage action. The suit was instituted by the respondents herein for redemption of the mortgage. The Courts below granted a decree for redemption and this appeal has been preferred by the defendants.

(2.) I do not propose to set out the facts and circumstances of the case at any great length ; nor do I wish to refer to the contentions urged before me now, as in my opinion, a revised finding has to be called for from the lower appellate Court in regard to one of the crucial questions upon which the learned District Judge has failed to record a satisfactory finding.

(3.) EXHIBIT D -I dated 20 -4 -1113 is described as an yadast executed by Sooriyanarayana Pillai in favour of Bhagavathi Annachu. Exhibit D -15 is the Pokkuvaravu form of Thazhakudy Pakuthy relating to S. Nos. 2178, 2182 and 2184 of that Pakuthy. Exhibi. D -16 is alleged to be a notice issued to Sooriyanarayana Pillai from Thazhakuda Pakuthy Cutchery containing an endorsement of personal service upon him. The case of the defendant was that after the expiry of the period of redemption fixed under the othi deed the mortgagor Sooriyanarayana Pillai himself agreed to have the patta transferred in favour of the mortgagee Bhagavathi Annachu, that there were mutation proceedings that the defendant came to be recognised as an absolute owner of the properties as a result of such proceedings, and, that possession after the proceedings should be treated as that of a full owner and not that of a mortgagee.