Vaidialingam, J. - (1.) This appeal by the plaintiff on certificate, is directed against the decree and judgment dated Janauray 14, 1965 of the Kerala High Court in A. S. No. 655 of 1961 reversing the decree of the trial court and dismissing the appellant's suit for specific performance.
(2.) The deceased first defendant had obtained from her father under a Stridhanakuri Ex. P. 2 dated July 14, 1906 a parcel of land bearing survey No. 8583A/2 of Quilon village of an extent of 13.625 cents.
(3.) The first defendant had put up shops on a part of the land and was enjoying the property. She had become liable to any certain decree debts under the decree evidenced by Exs. P. 18 and P. 19 dated March 30, 1954 and August 22, 1955 respectively. To discharge these decree debts the first defendant had usufructuarily mortgaged under Ex. P. 16 dated January 8, 1957 the properties obtained by her under Ex. P. 2. At this stage it may be mentioned that in Ex. P. 16 the first defendant had referred to her having obtained tittle to the properties under Ex. P-2, the Stridhanakuri, which had been registered as document No. 4286 of 1081 (M. E.) on the file of the Sug-Registrar, Quilon. There is a further recital that the original tittle deed is lost and as only a copy has been given to the mortgagee. We are particularly referring to this aspect as these recitals may have a bearing in considering the claim of the plaintiff that he got the original document Ex. P. 2 on the date of the agreement in his favour Under Ex. P. 4 dated March 5, 1959, the first defendant sold from and out of the properties obtained by her under Ex P. 2 to the wife of the second defendant an extent of 3.58 cents being the front portion of the property for Rs.18,000/-, By this sale she discharged an the liabilities over the properties and the mortgage Ex. P. 16 was also discharge Schedule 'A' to Ex. P. 4 comprises of the items actually sold to the second defendant's wife. Schedule 'B' to Ex. P. 4 comprised of suit properties to the extent of 9 cents and 797 sq. links and they were given as indemnity to the vendee undo Ex. P. 4 .;