K. VENKATARAMANA BHAT Vs. PAKKIRA

JUDGEMENT

(1.) The plaintiffs in O.S. No. 339 of 1974 on the file of the Munsiff's Court of Kasaragod are the appellants in this second appeal.

(2.) O. S. No. 339 of 1974 was filed for partition and allotment of 5/154 shares in the suit properties to the plaintiffs after permitting them to redeem the mortgage to the extent of their share or to the extent of 46/154 shares.

(3.) The plaint properties belonged to Ameyi Tharwad and were mortgaged by the karanavan of the said tharwad in favour of one Kunhikannan as per Ext. A-1, dated 11th April 1930. Respondents herein are the wife and children of Kunhikannan. The transaction under Ext. A-1 was described as avadhi illidarwar and according to the respondents, Kunhikannan acquired the equity of redemption from many of the members of the tharwad and 108 shares out of 154 shares in the equity of redemption came to vest in him.