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2016 Supreme(Ker) 31

A.K.JAYASANKARAN NAMBIAR
P. M. KELUKUTTY – Appellant
Versus
YOUNG MEN'S CHRISTIAN ASSOCIATION – Respondent


Advocates:
Advocate Appeared:
SRI.A.SUDHI VASUDEVAN, SENIOR ADVOCATE. SRI.P.V.BABY (MUDAVOOR) SRI.JOSE JONES JOSEPH, SRI.M.PRAVEESH
SRI.E.NARAYANAN, SRI.M.MOHAMED NAVAZ, SRI.T.P.SAJAN
SRI. S.EASWARAN, SRI. P.MURALEEDHARAN, (IRIMPANAM), SRI. M.A. AUGUSTINE, SRI.P.SREEKUMAR (THOTTAKKATTUKARA)

Judgment :

As the issue involved in all these writ petitions is the same, they are taken up together for consideration and disposed by this common judgment. For the sake of convenience, the reference to facts and exhibits is from W.P.(C).No.30016/2015.

2. The petitioners in these writ petitions are tenants in buildings owned by the 1st respondent. The 1st respondent constructed the said building, which is a four storeyed building, after demolishing a two storeyed building that originally stood on the site. For the purposes of constructing the said building, the 1st respondent had availed a term loan of Rs.400 Lakhs from the 2nd respondent bank. The security offered by the 1st respondent, for the loan amounts advanced to it by the 2nd respondent, was in the form of a mortgage by deposit of title deeds. Ext.P2 dated 31.12.2004 is the memorandum of deposit of title deeds. The 1st respondent also entered into Ext.P3 loan agreement dated 27.12.2004, whereby it agreed to repay the 2nd respondent the said loan amount in installments in the manner specified in the schedule to the said agreement. Annexure 3 of the schedule to the said agreement states that towards the term loan of Rs.4 Crores






































































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