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Kuttisseri Illath Raman Namboodri Vs. Achutha Pishurodi and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1912)ILR35Mad42; 14Ind.Cas.415
AppellantKuttisseri Illath Raman Namboodri
RespondentAchutha Pishurodi and ors.
Excerpt:
mortgage - redemption--kanom--mortgage to third person--decree for redemption of kanom--decree he-coming inoperative--assignee of melkanomdar and jenmi--right to redeem. - - but as the assignee of the jenm, right he is clearly entitled to redeem......he is clearly entitled to redeem. though, so long as the right to redeem under the previous decree obtained by the 'melkanomdar was in force and executable, the right to redemption as between the melkanomdar and the jenmi would have been preferentially in the former, yet that decree having become incapable of execution, there is nothing to prevent the plaintiff as the assignee of the jenm right exercising his right of redemption under the earlier mortgage to the defendants.2. the decrees of the lower courts are, therefore, set aside and there will be a decree for the plaintiff for possession and for rs. 10-4, arrears of rent till date of suit and future profits at 5 paras of paddy and 4 annas 7 pies from malabar year 1076 till possession, or 3 years from this date whichever is earlier......
Judgment:

1. No doubt, the plaintiff's claim, in so far as it was based on the assignment to him by the melkanomdar, who had obtained the previous decree for redemption was concerned, would have been unsustainable. But as the assignee of the jenm, right he is clearly entitled to redeem. Though, so long as the right to redeem under the previous decree obtained by the 'melkanomdar was in force and executable, the right to redemption as between the melkanomdar and the jenmi would have been preferentially in the former, yet that decree having become incapable of execution, there is nothing to prevent the plaintiff as the assignee of the jenm right exercising his right of redemption under the earlier mortgage to the defendants.

2. The decrees of the lower Courts are, therefore, set aside and there will be a decree for the plaintiff for possession and for Rs. 10-4, arrears of rent till date of suit and future profits at 5 paras of paddy and 4 annas 7 pies from Malabar year 1076 till possession, or 3 years from this date whichever is earlier. The defendants Nos. 1 and 2 will pay the plaintiff's costs throughout.


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