The High Court of Kerala dismissed the second appeal filed by a defendant challenging redemption decrees. The court held that a mortgagee cannot deny a life interest holder's right to redeem if the title holder did not object, citing the principle that acceptance of a mortgage precludes subsequent title challenges.
Second appeal dismissed; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 9TH DAY OF JULY 2018 / 18TH ASHADHA, 1940
RSA.No. 966 of 2010 F
AGAINST THE DECREE AND JUDGMENT DATED 2.6.2010 IN AS NO.224/2009 OF 2nd ADDITIONAL DISTRICT COURT, KOLLAM.
AGAINST THE DECREE AND JUDGMENT DATED 6.7.2002, IN OS NO.77/1999 OF THE MUNSIFF'S COURT, PUNALUR.
APPELLANT/APPELLANT/DEFENDANT
ALEXANDER @ RAJAN, AGED 44 YEARS, S/O.MATHEW, CONDUCTING SHEEJA BAKERY, KACHERY, ROAD, PUNALUR FROM CHARUVILAPUTHEN VEEDU, SASTHAMKONAM, PUNALUR VILLAGE.
BY ADV.SRI.B.KRISHNA MANI
RESPONDENTS/RESPONDENTS/PLAINTIFFS:
ADDL.R2 IMPLEADED:
JOHN JOHNSON, S/O.MONCY JOHNSON, AGED 58, VAISAKH HOUSE, CHARLSPURAM BUNGLOW, VANVILA WARD, PIRAVANTHOOR VILLAGE, PATHANAPPURAM TALUK, KOLLAM - 689 696.
ADDL.R2 IS IMPLEADED AND PERMITTED TO REPRESENT R1 AS PER ORDER DATED 21.12.2010 IN I.A.NO.3250/2010.
ADDL.R2 BY ADVS. SRI.S.V.BALAKRISHNA IYER (SR.)
SMT.GEETHA P.MENON SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 09.07.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
I.A.NO.2137/2010 IN R.S.A.NO.966/2010
CLOSED
09/07/2018
SD/-P.SOMARAJAN, JUDGE
//TRUE COPY//
AHZ/
P.Somarajan, J.
R.S.A. No.966 of 2010 (F)
-----------------------------------------------------Dated this the 9th day of July, 2018
JUDGMENT
The defendant in O.S.No.77 of 1999 before the Munsiff's Court, Punalur who is the appellant in A.S.No.224 of 2009 on the file of the District Court, Kollam came up with this second appeal challenging the decrees passed by both the trial court and the first appellate court.
R.S.A. No.966 of 2010 (F)
:: 2 ::
appeal. It was also submitted that the entire mortgage amount was deposited with the trial court. Admittedly, the suit for redemption was filed within time. The mortgage deed was executed by the plaintiff mother while holding life interest over the property. During the pendency of the second appeal, her son got himself impleaded. The contention raised by the defendant that the mother has no right to redeem the property was answered against on the reason that Ext.A1 deed was executed by the mother who was holding life interest over the property and that it was not objected by her son. Subsequently, the son came into the picture by impleadment. When there is a mortgage executed by a life interest holder and if it was not objected by the title holder, the person who took the property on mortgage cannot overturn the same by stating that the person who had given the mortgage was not having a right to give the property in mortgage. It is not at all permissible for the mortgagee to challenge the mortgagor's right over the property or the defective title or interest thereof once they
R.S.A. No.966 of 2010 (F)
:: 3 ::
have accepted the mortgage and acted on it and came into possession of the property in pursuance of that mortgage. Hence, the finding rendered by both the trial court as well as the appellate court deserves no interference from this court.
The appeal fails. Dismissed. No costs.
sd/P. Somarajan Judge
ahz/
2 issues framed by the court
Whether a life interest holder has the right to redeem the mortgaged property when the title holder did not object to the mortgage.
Whether a mortgagee can challenge the mortgagor's title after accepting the mortgage and taking possession.
2 provisions across 2 enactments
Alexander @ Rajan
Thankamma Johnson
John Johnson
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
