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1992 Supreme(Ker) 189

MANOHARAN, G.VISWANATHA.IYER
Rosy George – Appellant
Versus
State Bank of India – Respondent


Judgment :-

First defendant in O.S.No.174 of 1985 of the III Additional Sub Judge. Ernakulam is the appellant: plaintiff and defendants 2 to 6 are the respondents.

2. The plaintiff's case can be summarized as follows:

Appellant is the widow of late Sri. P.L. George. Late Sri. P.L. George approached plaintiff -first respondent bank for raising a loan for construction of a multi-strayed building in the plaint A schedule property and offered to secure the loan by mortgaging plaint A schedule property by deposit of title deeds. First respondent bank agreed to the same pursuant to which on 19-7-1979 the said P.L. George deposited Exts. A1 to A3 title deeds with respect to the A schedule property along with Ext.A4 power of attorney with the intention to create an equitable mortgage on his behalf as well as on behalf of defendants 1 to 3. and executed Ext.A-16 memorandum of deposit of title deeds. On the basis of the same amounts were advanced and he executed Ext.A5 series demand promissory notes when amounts were advanced. All the above advances were kept on separate accounts and later the balance due as per the said accounts were transferred to one account on 30-9-1981. and the amount due





























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