GOVINDA NAIR Vs. SRINIVASA PATTAR

JUDGEMENT

(1.) The facts necessary for the disposal of this case may be shortly stated. The appellant had a kanom over certain properties which belonged in jenm to the Kuthiravattath tarwad.

(2.) On 6 September, 1923, the appellant borrowed Rs. 600 from and executed a promissory note in favour of one Appu Pattar who was the manager of a joint Hindu family. On 9th August, 1924, the appellant executed a deed of simple mortgage, Ex. P-1, hypothecating 18 items of property to Appu Pattar to cover the amount due under the promissory note of 1923 and a further cash advance. Ex. P-1 was for Rs. 1,000.

(3.) There was a partition in Appu Pattar's family in 1930. It is common ground that this was evidenced by a registered deed of partition. It is also common ground that at that partition the mortgage evidenced by Ex. P-1 fell to the share of the Appu Pattar's brother, Srinivasa Pattar, who is the respondent in the present appeal.