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2004 Supreme(Mad) 1062

M.KARPAGAVINAYAGAM, M.THANIKACHALAM
Kanagambaram Ammal – Appellant
Versus
Kakammal & Others – Respondent


Advocates Appeared: For The Appellant :G.K. Selvarayan, Advocate. For The Respondents:N. Subbarayalu, Advocate.

Judgment :-

M.Thanikachalam, J.

The unsuccessful plaintiff before the trial Court is the appellant.

2. The claim of the plaintiff/appellant in brief:

The husband of the first defendant and the father of defendants 2 to 6 had executed a registered mortgage deed dated 5.4.1972, in respect of the suit property, for himself and on behalf of his then minor sons, viz., the defendants 4 & 6 along with the second defendant, in favour of the plaintiff, for a sum of Rs.15,000/-, which was borrowed by the deceased Veerasamy Reddiyar, on a promissory note, for the purchase of the lands from one P.V. Raghava Reddy of Agaram Village. In pursuance of the mortgage deed dated 5.4.1972, pronote debt was discharged on the same day and after its discharge, the pronote was handed over to the deceased Veerasamy Reddiar and the second defendant. Neither the Veerasamy Reddiar, nor the defendants paid any amount, towards the mortgage deed, despite repeated demands made by the plaintiff. Veerasamy Reddiar died leaving the defendants, as his legal heirs, who are entitled to inherit the suit property, which is the subject matter of the mortgage and in this view, they are liable to answer the mortgage debt. The

















































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