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1975 Supreme(Ker) 59

P.SUBRAMONIAN POTI, P.JANAKI AMMA
STATE BANK OF TRAVANCORE – Appellant
Versus
C. T. GEORGE – Respondent


Judgment :-

1. The plaintiff, the State Bank of Travancore is the appellant. The first respondent had dealings with the Chaldean Syrian Bank, Trichur by way of overdraft current account. On 611951, he executed Ext. Al, a hypothecation bond for Rs. 8750/- made up of the balance outstanding in his account and the expenses in connection with the deed. Ext. Al stipulated that the 1st respondent should pay interest at 9% per annum with quarterly rests. On the same day, the 1st respondent executed Ext. A2, a possessory mortgage of the same properties for Rs. 1000/- in favour of one F. C. George, an officer of the Bank. The properties were taken by the 1st respondent on lease-back under Ext. A3. The pattom was fixed under Ext. A3 as Rs. 1500/-. An amount of Rs.1410/- was to be retained by the 1st respondent towards the upkeep and maintenance of the rubber trees and for payment of jenmi dues and interest to the Chaldean Syrian Bank. The balance Rs. 90/- was to be paid as purappad. Interest at the rate of 9% per annum was fixed for arrears of purappad, if any. F.C. George transferred the rights under Exts. A2 and A3 to the Chaldean Syrian Bank as per Ext. A4 dated 10 11951. The Bank was mai




























































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