Oza, J. - (1.) Leave granted.
(2.) These appeals arise out of a judgment passed by the High Court of Kerala in Second Appeals No. 720/80 and Civil Miscellaneous Appeal Nos. 203-04/80 which were heard together and disposed of by a common judgment wherein the High Court set aside the judgment of the lower appellate court wherein the lower appellate court had directed the remand of the matter to the trial court.
(3.) The facts necessary for disposal of these appeals are that Kochu Kunju Narayanan was the owner of the two items of property mentioned in Schedules A and B. He mortgaged all these properties. By Ext. D9 of the year (sic) 1082 which is an assignment of the mortgage right regarding a portion of the property namely properties mentioned in Schedule A, the predecessor-in-interest of the first defendant got assignment. The 1st defendant in Original Suit No. 412/65 inherited the mortgage right from his father Raman Nadar who was the assignee mortgagee. By Ext. P2 Sub-mortgage deed dt. 17-1-1953 the plaintiff in Original Suit No. 404/65 came into possession of the said property. Thus the first defendant in Original Suit No. 404/65 is the mortgagee and the plaintiff therein is the sub-mortgagee, owner of the 2/3rd share of the equity of redemption. First respondent in that case who is the 2nd defendant in Original Suit No. 412/65 is the mortgagee. Second defendant in that case is the plaintiff in Original Suit No. 412/65 who is the owner of the 1/3rd of the equity of redemption as stated above. Original Suit No. 404/65 was also filed by him (1st defendant) in Original Suit No. 412/65. It was for redemption of Ext. P2 sub-mortgage in favour of the plaintiff in Original Suit No. 412/65. Plaintiff in Original Suit No. 412/65 is the sole defendant in that case.;