B. SUBADHRA AMMAL THANKACHI (DECEASED) AND ORS. Vs. THANKKAPPAN THAMPI

JUDGEMENT

(1.) The plaintiffs are the appellants. The suit was for redemption of an usufructuary mortgage.

(2.) The admitted case of the parties was : The suit property belonged to Puthuveedu tarwad. Purthuveedu tarwad had three sakas, viz., Chenkattu saka represented by Padmanabhan Peruman, Eswaran Eswaran and Raman Raman, Elumbarathu saka, represented by Padmanabhan Kali, Neelakantan Raman and Neelakantan Nagan, and Udantha-vilagathu saka represented by Kali Kumaran, Ayyappan Kumaran and Velayudhan Ayyappan. As far as Chenkattu saka was concerned, the same had become extinct on the death of Raman Raman in 1095 (M.E.) b. The plaintiffs belong to Udanthavilagathu saka. Their karnavan, Raman Eswaran, executed an othi and kuzhikanam for 7,000 fanams to one Manthiramoorthy and three others in respect of the suit property under Exhibit A-1 on 30th November 1084 (M.E.). Subsequent to, Exhibit A-1, in the family partition, Bhagavathi Pillai and her daughter Bharathi pillai Were allotted half of the suit property along with other properties, and Bhagavathi Pillai's another daughter viz., the first plaintiff and her daughter the second plaintiff, were allotted the remaining half share in the suit property and other properties. Under Exhibit A-2, partition deed. Bhagavathi Pillai bequeathed her one-fourth share in the suit property obtained under Exhibit A-2 to her grand-daughter, the second plaintiff, under Exhibit A-3, Bharathi Pilla's one fourth share obtained under Exhibit A-2 devolved on her daughter, the third plaintiff. Thereby the plaintiffs became entitled to the equity of redemption of the suit property. The plaintiffs and Bhagavathi Pillai got release of a one-sixth of Exhibit A-1 othi right from one Esakki Madan Arumugham under Exhibit A-5. They have filed the suit for redemption of the remaining five-sixths share in the suit property.

(3.) The only contesting defendant, viz., the thirteenth defendant, contended that the plaintiffs' karnavan Raman Eswaran had no right to execute Exhibit A-1 othi and kuzhikanam over the entire suit property and that the suit property belonged to the common karnevan Velayudhan Ayyappan and Kandan Thanuvan. Kandan Thanuvan was the common karnavan of the plaintiffs' karnavan Raman Eswaran and the defendant's karnavan Neelakantan Thanuvan. The plaintiffs are, therefore, entitled to redemption of half of the suit property less the one-sixth obtained release of under Exhibit A-5, and the defendants and the members of their branch are entitled to the other half of the suit property. On behalf of his tarwad, the thirteenth defendant got release of his tarwad's half share under Exhibit B-14.