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T. MALLIKARJUNA RAO
Kanchari Umadevi – Appellant
Versus
Inumarthy Aruna Lakshmi – Respondent
JUDGMENT :
T. MALLIKARJUNA RAO, J.
1. The Appeal, under Section 96 of the Code of the Civil Procedure, 1908 (for short ‘C.P.C.’) is file d by the Appellant/Plaintiff challenging the decree and Judgment dated 28.03.2017 in O.S. No. 50 of 2015 passed by the learned II Additional District Judge, Parvatipuram, (for short ‘trial Court’).
2. The Appellant is the Plaintiff, who filed the suit in O.S.No. 50 of 2015 against the Defendant directing her to pay Rs.13,95,000/- along with subsequent interest at 18% per annum on Rs.10,00,000/- due under the registered mortgage dated 28.07.2012, from the date of filling the suit till the date of realization.
3. Referring to the parties as they are initially arrayed in the suit is reasonable to mitigate confusion and better comprehend the case.
4. The factual matrix, necessary and germane for adjudicating the contentious issues between the parties inter se, may be delineated as follows:
The appellate court reaffirmed that the execution of a mortgage deed is valid with past consideration, and the burden of proof rests with the parties to provide evidence for their claims.
The execution of a registered mortgage deed must be proven, and past consideration is valid; failure to testify can lead to adverse inferences against the party withholding evidence.
A mortgage deed must be proved by examining at least one attesting witness, failing which the document cannot be considered valid under the Evidence Act.
The proof of the document need not be the proof of its contents, and the failure to question the validity of a document in a timely manner can impact the outcome of a legal dispute.
The plaintiff must establish how fraud was committed and the relevance of consensus ad idem in executing the sale deed in a property dispute.
The main legal point established in the judgment is that a mortgage deed must fulfill the requisite conditions as provided in the law, and its registration is necessary for validity and admissibility....
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