ROMAN CATHOLIC MISSION Vs. (MEDAI DALAVOI) THIRUMALAIYAPPA MUDALIAR

JUDGEMENT

(1.) Suit in redemption. The Additional Subordinate Judge decreed the suit in part; on appeal the District Judge decreed it in full; and the defendant prefers this second appeal.

(2.) Delavoy Kumarswami Mudaly was a great landowner in Tinnevelly. In 1803 three branches which had descended from his three sons effected partition. The youngest branch represented by Thirumalaiyappa Mudaliar and his younger brother Ramalinga Mudaliar had the property divided under a precept from the Madura Court in 1824. In 1850, these two brothers themselves separated, and in O.S. No. 1 of 1851 Ramalingam sued for partition. The above facts are taken from the judgment in that suit, Ex. G.

(3.) The present plaintiff is grandson of Thirumalaiyappa Mudaliar. In proof of the mortgage which he seeks to redeem, he produces a counterpart Ex. A, executed in 1856 in favour of his grandfather, by one Khadar Lebbai. It seems from the recital in that document that the property was mortgaged by the middle branch to a Chetti and in 1850 the Chetti sub- mortgaged to the Lebbai for the 1/3 share of the youngest branch, which is confirmed by the document of 1856.