1978 Supreme(Mad) 232
M.A.SATHAR SAYEED, T.RAMAPRASADA RAO
Selvaraj and others – Appellant
Versus
C. Sarojini B. Nair and another – Respondent
Advocates:
G. N. Chary and V. Subramanian, for Appellants.
T. V. Bala Krishnan, for Respondents.
Ramaprasada Rao, J:- All the defendants excepting the 9th and the 10th defendants in O.S. No. 19 of 1971 on the file of the Subordinate Judge of Chidambaram, are the appellants. The 1st defendant and his undivided brother Venkatachalam Pillai were traders and for purposes of their business and for other necessities were borrowing monies from the plaintiff (one or the other of them). In order to secure such borrowings made, they executed along with the second defendant a security bond Exhibit A-1 dated 24th November, 1960 in favour of the plaintiffs charging the suit properties for the repayment of such amounts borrowed by them and to be borrowed by them from time to time from the plaintiffs. We shall consider in detail the various clauses in the security bond, but suffice it however to state here that the security for the repayment of the advances to be made by the plaintiffs was limited to Rs. 40,000. On the date of the bond itself two promissory notes were executed namely, Exhibit A-2 for a sum of Rs. 10,000 and Exhibit A-4 for a sum of Rs.5,000 in favour of the first and second plaintiffs respectively. Thereafter, in December, 1960, defendants 1 and 2 and Venkatachalam Pillai bo
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